SENATE BILL REPORT
SB 6309
As Reported by Senate Committee On:
Local Government, February 2, 2026
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: Senators Liias, Alvarado and SaldaƱa.
Brief History:
Committee Activity: Local Government: 1/29/26, 2/02/26 [DPS-WM, DNP, w/oRec].
Brief Summary of First Substitute Bill
  • Allows a regional transit authority (RTA) to apply for permits under certain conditions and construct specific facilities that exceed height limits and setback requirements under certain circumstances.
  • Establishes that a development agreement between a local government and an RTA may set forth development standards that vary from applicable development regulations in certain circumstances.
  • Requires a local government to 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. 
  • Exempts the 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 RTA facilities.
SENATE COMMITTEE ON LOCAL GOVERNMENT
Majority Report: That Substitute Senate Bill No. 6309 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.
Signed by Senators Salomon, Chair; Lovelett, Vice Chair; Bateman.
Minority Report: Do not pass.
Signed by Senator Torres, Ranking Member.
Minority Report: That it be referred without recommendation.
Signed by Senator Goehner.
Staff: Karen Epps (786-7424)
Background:

Regional Transit Authorities.  Regional transit authorities (RTAs) may be formed by two or more contiguous counties each with a population of 400,000 or more, for the purpose of developing and operating a high-capacity transit system. An RTA is authorized to use its tax revenues to plan, construct, and operate high-capacity transportation, such as express bus service and light rail. There is currently one RTA—Sound Transit—which operates light rail, commuter rail, and express bus service in Puget Sound. 

 

Development Agreements.  A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A development agreement must state the development standards and other provisions that shall govern and vest the development and use of the property for the term of the agreement. The agreement must be consistent with development regulations adopted by the local government under the Growth Management Act (GMA).

 

Exemptions from Subdivision Laws. The following land divisions are exempt from subdivision laws:

  • cemeteries and burial plots;
  • divisions into lots above a certain size; 
  • divisions made by testamentary provisions or the laws of descent; 
  • divisions for industrial or commercial use, lots for mobile homes, and for the development of condominiums when a binding site plan is used;
  • divisions by lease where no residential structures other than mobile homes, tiny houses or tiny houses with wheels, or trailers when a binding site plan is used;
  • boundary line adjustments where no additional lots are created;
  • 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; 
  • divisions for property leases for personal wireless services facilities; 
  • divisions for consumer-owned or investor-owned utilities; and
  • divisions into lots or tracts of less than two acres to establish a site for construction and operation of a rural fire district station.

 

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

Summary of Bill (First Substitute):

An RTA 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 authority 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 authority 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 regional transit authority complies with those development regulations to the extent practicable given the need to construct and operate the rail fixed guideway system.

 

A development agreement between a local government and an RTA may set forth development standards that vary from otherwise applicable development regulations in order to accommodate development of the facilities of the regional transit authority.

 

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.

 

The 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 RTA facilities is exempt from subdivision laws.

 

EFFECT OF CHANGES MADE BY LOCAL GOVERNMENT COMMITTEE (First Substitute):
  • Allows an RTA to apply for land use and construction permits for its facilities before acquiring the real property and 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 the application.
  • Requires a local government to 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.
  • Exempts 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 RTA facilities.
  • Removes the provision requiring applications submitted by an RTA for permits issued by cities and counties under the state building code be considered under the building permit ordinances in effect at the time the RTA Board chooses the route alignment and station locations of a rail fixed guideway system. 
Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony on Original Bill:

The committee recommended a different version of the bill than what was heard.  PRO:  The delivery of light rail is critical to the Puget Sound region. This bill has been developed in partnership with the cities that are impacted and is designed to help streamline the development regulation process of delivering light rail. The bill provides additional flexibility and certainty in the planning and permitting of high-capacity transit projects, allowing us to deliver light rail and bus rapid transit faster and more efficiently. This bill is a tremendous step in the right direction towards efficiently delivering regional transportation, specifically transit investments, ensuring our communities have access to jobs, schools, and services they deserve.

 

OTHER: Cities have been working with sound transit to nail down a few of the last details.  The bill has some smart changes in terms of facilitating expeditious development of light rail and associated uses. There is still work to be done on this bill.

Persons Testifying:

PRO: Senator Marko Liias, Prime Sponsor; Kristina Walker, Sound Transit; Alex Soldano.

OTHER: Carl Schroeder, Association of Washington Cities.
Persons Signed In To Testify But Not Testifying: No one.