HOUSE BILL REPORT
HB 2266
As Reported by House Committee On:
Housing
Title: An act relating to encouraging permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters.
Brief Description: Encouraging permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters.
Sponsors: Representatives Peterson, Macri, Ryu, Parshley, Ramel, Scott, Mena, Reed, Obras, Fitzgibbon, Street, Thomas, Taylor, Doglio, Gregerson, Ormsby, Goodman, Reeves, Farivar, Fosse, Bergquist, Salahuddin, Hill, Pollet and Wylie.
Brief History:
Committee Activity:
Housing: 1/20/26, 2/2/26 [DPS].
Brief Summary of Substitute Bill
  • Requires cities and counties to allow transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing in areas not zoned for industrial use.
  • Restricts permitting requirements that may be imposed on emergency housing and transitional housing in existing buildings.
  • Narrows the requirements that may be imposed on affordable housing developments as conditions for participation in certain programs.
HOUSE COMMITTEE ON HOUSING
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.Signed by 10 members:Representatives Peterson, Chair; Hill, Vice Chair; Richards, Vice Chair; Entenman, Gregerson, Lekanoff, Reed, Thomas, Timmons and Zahn.
Minority Report: Do not pass.Signed by 5 members:Representatives Low, Ranking Minority Member; Jacobsen, Assistant Ranking Minority Member; Manjarrez, Assistant Ranking Minority Member; Barkis and Connors.
Minority Report: Without recommendation.Signed by 2 members:Representatives Dufault and Engell.
Staff: Jim Morishima (786-7191).
Background:

Shelters, Transitional Housing, Emergency Housing, and Permanent Supportive Housing.

 

A city may not prohibit indoor emergency shelters, transitional housing, indoor emergency housing, or permanent supportive housing (STEP housing) under certain circumstances.  The extent of this prohibition depends on the type of housing involved.  For example, a city may not prohibit transitional housing or permanent supportive housing in any zone where residential dwelling units or hotels are allowed.  Similarly, a city may not prohibit indoor emergency shelters or indoor emergency housing in any zone where hotels are allowed, unless the city has adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a 1-mile proximity to transit.

 

A city may impose reasonable occupancy, spacing, and intensity use requirements on STEP housing for public health and safety purposes.  These requirements may not prevent the siting of a sufficient amount of STEP housing to accommodate the city's projected need under its comprehensive plan.

 

Permitting Requirements on Existing Buildings.

 

A city is generally prohibited from imposing permitting requirements on the use of an existing building for residential purposes beyond those requirements generally applicable to all residential development with in the building's zone.  However, this prohibition does not apply to emergency housing and transitional housing.

 

Local Requirements on Affordable Housing Developments.

 

A city, county, or other local governmental entity is authorized to impose and enforce requirements on affordable housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds, or sale or lease of public property.  The authorization also applies to affordable housing incentive programs or any other program involving bonus density, transfer of development rights, waiver of development regulations or fees, or other development incentives.

Summary of Substitute Bill:

Shelters, Transitional Housing, Emergency Housing, and Permanent Supportive Housing.

 

Cities must allow transitional housing and permanent supportive housing in an zones within an urban growth area in which residential dwelling units or hotels are allowed.  Indoor emergency shelters and indoor emergency housing must be allowed in any area within an urban growth area in which hotels are allowed.  Indoor emergency shelters and indoor emergency housing must be allowed in additional zones if necessary to meet projected needs identified in the comprehensive plan.  Counties planning under the Growth Management Act are subject to the same requirements in urban growth areas.

 

Transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing (STEP housing) may not be located in an area zoned for industrial use.  A county or city is not required to approve a permit application for STEP housing proposed in a critical area in which no residential development is permitted, an area of natural hazards that generally prohibit residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.

 

A county or city subject to this requirement may generally not require any standards, conditions, or requirements for STEP housing that are more restrictive than those required for other types of lodging and residential development in the zone.  However, the city or county may apply any objective development regulations, including form-based codes, that are not required for residential development such as setback, lot coverage, stormwater, and tree canopy and retention requirements.  Similarly, the city or county may only apply the same development permit and environmental review processes to STEP housing that apply to lodging and residential development in the same zone, unless otherwise required by state law, such as shoreline regulations and building, energy, and electrical codes.

 

If applying design review for STEP housing, only administrative design review may be required.  "Administrative design review" for cities is defined as a development permit process in which an application is reviewed, approved, or denied by the planning director (or designee) based solely on objective design and development standards without a public predecision hearing, unless the review is otherwise required by state or federal law or the structure is a designated landmark or within a historic district established under a local preservation ordinance.  A city may approve requests for variances from locally established design review standards.

 

A county or city may require the sponsor or managing agency of an indoor emergency shelter or indoor emergency housing to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:

  • notified residents within 500 feet of the facility;
  • conducted no more than one public meeting;
  • designated at least one point of contact;
  • provided at least one telephone number to be used in emergencies; and
  • provided documentation of operational policies or procedures for health, fire, safety, and occupancy. 

 

The written certification constitutes full compliance with this requirement—the county or city may not require additional certifications or for any of the items to be repeated or revised. 

 

"Transitional housing" is defined as a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons into independent living.

 

Permitting Requirements on Existing Buildings.

 

The prohibition against a city imposing permitting requirements on the use of an existing building for residential purposes beyond those requirements generally applicable to all residential development within the building's zone is made applicable to all residential uses, including emergency housing and transitional housing.

 

Local Requirements on Affordable Housing Developments.

 

The types of requirements a city, county, or local governmental entity may impose and enforce on affordable housing developments are limited to income qualification, coordinated entry, reporting, and monitoring requirements.

 

Updates to Local Requirements.

 

Counties and cities must incorporate the requirements of the act into their development regulations, zoning regulations, and other official controls within 2 years of the effective date of the act or at the next comprehensive plan update, whichever is sooner.  The requirements of the act supersede, preempt, and invalidate any conflicting local requirements regardless of whether a county or city has incorporated the requirements of the act into its development regulations, zoning regulations, and other official controls.

 

Application.

 

The requirements of the act do not apply to the siting of STEP housing in operation on the effective date of the act.  A county or city may not deem STEP housing in operation on the effective date of the act as unlawful or noncompliant due to ordinances, regulations, or controls adopted or amended pursuant to the act. 

Substitute Bill Compared to Original Bill:

The substitute bill:

  • differentiates between:  (1) transitional housing and permanent supportive housing; and (2) indoor emergency shelters and indoor emergency housing, in terms of the zones in which the different types of facilities must be allowed—transitional housing and permanent supportive housing must be allowed in zones in which residential dwellings or hotels are allowed while indoor emergency shelters and indoor emergency housing must be allowed in zones where hotels are allowed;
  • requires counties and cities to allow indoor emergency shelters and indoor emergency housing in additional types of zones when necessary to meet projected needs in the comprehensive plan;
  • expands the types of requirements to which transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing (STEP housing) may be subject to include those applicable to lodging (in addition to those applicable to residential development) and form-based codes;
  • allows, for indoor emergency shelters and indoor emergency housing, a county or city to require the sponsor or managing agency to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued, notified residents within 500 feet, conducted no more than one community meeting, designated a point of contact (including a telephone number to be used in emergencies), and provided documentation of policies or procedures for health, fire, safety and occupancy—the written certification constitutes full compliance with these requirements and the county or city may not require additional certifications or ask the sponsor or managing entity to repeat or revise any of the items on the submitted certification;
  • allows a county or city to deny a permit for STEP housing in a critical area in which no residential development is permitted, an area of natural hazards that generally prohibit residential development, or on agricultural, forest, or mineral lands of long-term commercial significance;
  • removes the requirement that a city utilize public meetings, hearings, or voluntary review boards in order to approve requests for variances of local established design review standards;
  • provides a definition for "transitional housing";
  • removes auditing requirements from the list of requirements a local government entity may impose as a condition for loans, grants, financial support, etc. and adds income qualification, coordinated entry, and monitoring to the list;
  • requires counties and cities to implement the act by changing their development regulations, zoning regulations, etc. within two years of the act's effective date or the at the next comprehensive plan update, whichever occurs first;
  • preempts local regulations that conflict with the act and states that the act applies regardless of whether a county or city has incorporated the requirements of the act into its development regulations, zoning regulations, and other official controls; and
  • exempts STEP housing operating on the effective date of the act from the requirements of the act and prohibits counties and cities from deeming such STEP housing as unlawful or noncompliant based on the provisions of the act.
Appropriation: None.
Fiscal Note: Available.  New fiscal note requested on February 4, 2026.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:

As part of a pilot project, testimony in this section of the bill report was summarized by generative artificial intelligence and reviewed for accuracy by non-partisan legislative staff.  Generative artificial intelligence was used only in this section of the bill report; all other sections were prepared by non-partisan legislative staff without the use of any generative artificial intelligence.

 

(In support) The testimony emphasized broad support for the legislation as a necessary response to persistent barriers that delay or prevent the development of emergency shelters, transitional housing, emergency housing, permanent supportive housing, and step housing. Testimony described how inconsistent local regulations, discretionary permitting processes, shifting requirements, and unequal standards are often used to obstruct housing intended for people experiencing homelessness or disabilities, resulting in higher costs, prolonged timelines, and lost opportunities to address urgent needs. Speakers highlighted that these housing types are critical to stabilizing individuals, reducing reliance on emergency services, jails, and hospitals, and improving public safety and community well-being, particularly in smaller jurisdictions with limited resources. The testimony further underscored that housing is foundational to recovery, treatment, and long-term stability, and that discriminatory land-use practices may violate civil rights and fair housing laws. Overall, the testimony argued that the bill would create clearer, more consistent statewide standards, support regional solutions, protect the rights and dignity of vulnerable populations, and ensure that already funded and proven housing models can be built efficiently and equitably across communities.

 

(Opposed) The testimony raised concerns about the bill as drafted, emphasizing the need to preserve a degree of local authority to ensure public safety, effective operations, and appropriate siting of step housing and shelter facilities. Testimony argued that the ability to require operational agreements—such as on-site supervision, security plans, and codes of conduct—is essential to maintaining safe, well-managed facilities that support successful transitions to permanent housing, and that these requirements are not intended to block housing but to ensure accountability. Concerns were also expressed about eliminating the ability to apply spacing or distribution standards for shelters, with testimony noting that concentrating facilities in limited areas can create broader public safety and community impacts. Additionally, testimony questioned provisions requiring step housing to be allowed in nearly all zones, characterizing this as a significant preemption of local control that could force jurisdictions to allow shelters in areas lacking transit, services, or appropriate infrastructure. Finally, testimony warned that the bill could function as an unfunded mandate by increasing code enforcement and public safety demands without providing corresponding state oversight or funding, and urged the legislature to consider amendments and proposed revisions to address these issues.

 

(Other) The testimony categorized as "other" expressed general support for expanding access to permanent supportive, transitional, and emergency housing, while raising concerns that the bill as drafted could unintentionally limit local governments' ability to ensure safety, accountability, and successful operations. Testimony emphasized that cities often invest significant public funds, land, and staff resources into step housing projects and rely on operational agreements, safety plans, and community engagement processes to protect residents, meet audit and contractual obligations, and build neighborhood trust. Concerns were raised that prohibiting such agreements could undermine proven local practices that have contributed to successful and widely accepted shelter and housing programs, including measures to prevent predatory behavior, ensure on-site management, and maintain clear communication with surrounding communities. Additional testimony highlighted that different types of step housing have different operational impacts, that location and access to services matter, and that some provisions could conflict with existing planning requirements or force reactive enforcement rather than proactive management. Overall, the testimony urged targeted amendments to preserve effective local tools while continuing to advance the bill's goal of addressing homelessness and housing instability.

Persons Testifying:

(In support) Representative Strom Peterson, prime sponsor; Dan Wise, Catholic Community Services; Sarah Dickmeyer, Plymouth Housing Group; James Lovell, SeaTac City Councilmember; Jenn Hendersen, Disability Rights Washington; Alexia Diorio, Washington State Attorney General's Office; and Joe McDermott, State Relations Director.

(Opposed) Ben Wick, Councilmember, City of Spokane Valley; and Carl Schroeder, Association of Washington Cities.
(Other) Jennifer Gregerson, City of Everett; Carol Helland, City of Redmond Planning and Community Development Director; Michael Lilliquist, City of Bellingham; and Kristen Holdsworth, Long Range Planning Manager, City of Kent.
Persons Signed In To Testify But Not Testifying:

Joe Tovar, Washington Chapter of the American Planning Association; Mary Anito, ROOTS Young Adult Shelter; and Erin Chapman-Smith, ROOTS Young Adult Shelter .