HOUSE BILL REPORT
SSB 6309
As Reported by House Committee On:
Local Government
Title: An act relating to enhanced municipal permitting tools for high capacity transit projects.
Brief Description: Providing for enhanced municipal permitting tools for high capacity transit projects.
Sponsors: Senate Committee on Local Government (originally sponsored by Senators Liias, Alvarado and Saldaña).
Brief History:
Committee Activity:
Local Government: 2/24/26, 2/25/26 [DPA].
Brief Summary of Substitute Bill
(As Amended by Committee)
  • Allows development agreements with a regional transit authority to establish development standards that vary from otherwise applicable development regulations to accommodate transit facilities.
  • Allows a regional transit authority to take specified actions related to land use and construction.

     

  • Exempts from subdivision laws a land division for the acquisition of an existing lot to build an essential public facility.
HOUSE COMMITTEE ON LOCAL GOVERNMENT
Majority Report: Do pass as amended.Signed by 4 members:Representatives Duerr, Chair; Zahn, Vice Chair; Hall and Parshley.
Minority Report: Do not pass.Signed by 2 members:Representatives Klicker, Ranking Minority Member; Griffey.
Minority Report: Without recommendation.Signed by 1 member:Representative Stuebe, Assistant Ranking Minority Member.
Staff: Elizabeth Rehn (786-7129).
Background:

Transit Authorities.

A transit authority is a special purpose district established to provide public transportation within a specific region.  There are various types of transit authorities, including city transit departments, and county transit authorities.  A regional transit authority (RTA) may be formed by two or more contiguous counties with a population of 400,000 or more for the purpose of developing and operating a high-capacity transit system.

 

Development Agreements for Land Use.

A local government is authorized to enter into a development agreement with a person who owns or controls real property within its jurisdiction.  A city is authorized to enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.  A development agreement must set forth various provisions and must be consistent with applicable development regulations adopted by a local government planning under the Growth Management Act.

 

Subdivisions.

Counties, cities, and towns are subject to laws regarding the subdivision of land.  There is a two-step process for approving subdivisions, which consists of a preliminary plat approval and a final plat approval.

 

The following land divisions are exempt from subdivision laws:

  • burial plots;
  • divisions into lots above a certain size;
  • divisions made by testamentary provisions or the laws of descent;
  • boundary line adjustments where no additional lots are created;
  • divisions for industrial or commercial use, lots for mobile homes, and for the development of condominiums when a binding site plan is used; and
  • divisions of land into lots or tracts if certain conditions relating to binding site plans are met, including a statement that development and use of the land will be in accordance with the binding site plan, permits, regulations, and other requirements.

 

The exemptions are not exempt from zoning and permitting laws and other regulations.

 

Building Permit Applications.

A valid and fully complete building permit application for a structure that is permitted under the zoning or other land use control ordinances in effect on the date of the application must be considered under the building permit ordinance in effect at the time of application and the zoning or other land use control ordinances in effect on the date of application.
Summary of Amended Bill:

Regional Transit Authorities.

A regional transit authority may:

  • apply for land use and construction permits for its facilities before acquiring the real property on which the facilities will be constructed or operated, so long as the RTA provides proof of notice to the subject property owner at the time of application;
  • apply for construction and technical permits for its facilities before the local government makes a land use decision regarding those facilities, so long as the RTA provides proof of notice to the subject property owner at the time of application; and
  • construct facilities of a rail fixed guideway system that exceed the height limits and setback requirements of local development regulations so long as the RTA complies with those development regulations to the extent practicable given the need to construct and operate the rail fixed guideway system.

 

Development Agreements for Land Use.

A development agreement with an RTA may set forth development standards that vary from otherwise applicable development regulations not involving compliance with the Americans with Disabilities Act to accommodate the RTA's facilities development.  A local government may issue a land use, construction, or technical permit to an RTA for development on property that is not owned by the RTA if the RTA remains responsible for obtaining the necessary property right or permission from the property owner to proceed with the permitted work. 

 

Subdivisions.

A division of land caused by the acquisition of a portion of an existing lot or tract by an RTA that is acquiring land to build an essential public facility is exempt from subdivision laws.

 

Building Permit Applications.

A local government must accept applications from an RTA regardless of whether the RTA owns or has possession and use of the property subject to the application, so long as the application is otherwise complete.
Amended Bill Compared to Substitute Bill:

The striking amendment authorizes a local government to issue a land use, construction, or technical permit to an RTA for development on property that is not owned by the RTA if the RTA remains responsible for obtaining the necessary property right or permission from the property owner to proceed with the permitted work.  Variations in development agreements between local governments and an RTA may not involve compliance with the Americans with Disabilities Act.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: The bill contains multiple effective dates. Please see the bill.
Staff Summary of Public Testimony:

(In support) Ensuring that light rail service is delivered to the Puget Sound is vital.  This bill will help Sound Transit accomplish this quicker.  The longer it takes for permits and construction to be approved, the more it costs the public.  Other agencies have the authority in rare cases to condemn property, so this is part of why separating permitting from property ownership makes sense.  Sound Transit will acquire the property through agreement with the property owner or through condemnation.  This bill was done in consultation with local jurisdictions and they are just as excited to have light rail delivered. It is a harmonious process that provides additional flexibility and certainty in planning and permitting high capacity transit.  Puget Sound is growing and expanded transit is necessary.  The changes in this bill are not meant to diminish cities' control or authority.

 

(Opposed) None.
Persons Testifying:

Senator Marko Liias, prime sponsor; and Kristina Walker, Sound Transit.
Persons Signed In To Testify But Not Testifying: None.