Background:

Growth Management Act.

The Growth Management Act (GMA) is the comprehensive land use planning framework for county and city governments in Washington. Enacted in 1990 and 1991, the GMA establishes numerous requirements for local governments obligated by mandate or choice to fully plan under the GMA, and a reduced number of directives for all other cities and counties.

Under the GMA, any city or county planning fully under the GMA is authorized to enact or expand affordable housing incentive programs to provide for the development of low-income housing units through development regulations or conditions on rezoning or permit decisions. Residential, commercial, industrial, and mixed-use developments are eligible for these housing incentive programs. These housing incentive programs may include provisions, among others, pertaining to density bonuses within the Urban Growth Area, height and bulk bonuses, and fee waivers or exemptions.

Building Permits.

An applicant for a building permit for a building that requires potable water must provide evidence of an adequate water supply for the intended use of the building. The evidence must meet certain requirements based on the specific watershed in which the building permit is sought.

Wells.

The Water Well Construction Act (WWCA) governs the design, construction, alteration, and decommissioning of wells in this state. The Department of Ecology (Ecology) regulates well design, construction, and maintenance. Wells are defined in the WWCA, and include water wells, resource protection wells, dewatering wells, and geotechnical soil borings.

Fees are established in the WWCA for various types of wells constructed and decommissioned in this state. The fees are paid to Ecology. The fee for one new water well with a minimum top casing diameter of less than twelve inches is $200. The fee for a new water well with a minimum top casing diameter of twelve inches or greater is $300. The fee to decommission a water well is $50.

Groundwater Code.

The Groundwater Code prohibits a person from withdrawing ground water or constructing wells or other works for such a withdrawal without a water right permit from the Ecology. However, the code exempts a number of withdrawals from this requirement. One exemption from the permit requirement, located at RCW 90.44.050, applies to single or group domestic uses that withdraw no more than 5,000 gallons per day. Wells drilled under the authority of RCW 90.44.050 are often referred to as permit-exempt wells. Ecology is authorized to collect fees in connection with the Ground Water Code, including an expedited application processing fee.

Streamflow Restoration.

Legislation enacted in 2018 addressed water resource management in 15 of the state's 63 designated Water Resource Inventory Areas (WRIAs). Specifically, it allows rural landowners in these WRIAs to obtain a building permit to build a home that would rely on a permit-exempt well for household water supply, subject to certain requirements. The 2018 legislation creates the following interim standards for new users of household permit-exempt wells in these WRIAs:

Allows a maximum annual average of 950 or 3,000 gallons per day for new domestic water use, depending on the WRIA.
Establishes a one-time $500 fee for new building permits associated with new household permit-exempt wells. The local jurisdiction issuing the permit retains $150, and the remaining $350 is remitted to Ecology.

These interim standards apply until Ecology adopts updated rules based on locally developed recommendations.

Public Housing Authority.

A housing authority is a public nonprofit corporation created by cities and counties that provides affordable housing opportunities within a community. A housing authority has broad powers, including purchasing and disposing of property to create housing, leasing or renting property, operating housing projects, and administering low-income housing programs.

Summary of Bill:

Streamflow Restoration Fees.

The list of incentives that an affordable housing incentive program under the GMA may include is clarified to include waivers of governmental fees assessed in connection with permit-exempt wells for household water supply under the 2018 streamflow restoration legislation. The $500 fee collected by a city or county must be waived upon the request of a low-income person. A city or county is authorized to initiate the waiver of such a fee for a low-income person. For the purpose of a waiver, a low-income person includes:

any property owner providing affordable housing to be occupied by households with an income of 200 percent or less of the federal poverty level, adjusted for family size;
any property owner providing manufactured or mobile homes;
any property owner providing housing for migrant farmworkers; and
a housing authority.

Water Well Construction Act Fees.

Any fee assessed by Ecology in connection with the construction or decommissioning of a well must be waived upon the request of a low-income person. Ecology is authorized to initiate the waiver of such a fee for a low-income person. For the purpose of waivers of fees assessed by Ecology in connection with the construction or decommissioning of a well, a low-income person includes:

any property owner providing affordable housing to be occupied by households with an income of 200 percent or less of the federal poverty level, adjusted for family size;
any property owner providing manufactured or mobile homes; and
any property owner providing housing for migrant farmworkers.