WSR 26-14-090 (26-14)

Subject of Possible Rule Making: (1) Housing Accountability Act (SB [E2SSB] 5148) concerning compliance with the Growth Management Act.

(2) Updates based on recent housing element growth management hearings board case findings related to land capacity, adequate provisions, and implementation of comprehensive plans.

(8) Streamlining and clarifying local governments' land use permitting workloads (SB [ESSB] 5611).

(10) Shelter, transitional housing, emergency housing, and permanent supportive housing (HB [ESHB] 2266).

(11) By-right residential development in commercial and mixed-use zones (SB [E2SSB] 6026).

(12) Middle housing in limited areas of more intensive rural development (LAMIRD) (HB [SHB] 2269).

(14) Clarifications to WAC 365-190-040 to improve language regarding errors in designation of resource lands.

(15) Missing language in WAC 365-196-305(4) concerning protection of tribal cultural resources addressed in RCW 36.70A.210 (3)(i).

(16) Clarification, reorganization, and corrections to the table provided in WAC 365-196-443 concerning requirements and deadlines for jurisdictions adopting a climate element; word consistency changes within WAC 365-196-443.

(18) Reorganization and language consistency within chapter 365-199 WAC for improved usability in conjunction with new sections added.

(19) Update WAC 365-196-610 to include references to the reduced review provisions under RCW 36.70A.130 (1)(b).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70A.190 (4)(b), 36.70A.638(6), 36.70A.639, and 34.05.220.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making creates and clarifies rules on an array of housing matters as well as making minor clarifications in the climate element. This rule making is necessary to clearly guide jurisdictions in their comprehensive planning processes, promoting successful implementation and compliance with the Growth Management Act.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate these subjects. Nevertheless, we will invite review and feedback on relevant portions from the department of transportation (re: concurrency) and the department of agriculture (re: dedesignation), as well as the housing division with the department of commerce (commerce).

Process for Developing New Rule: Commerce will follow all required rule-making steps, including a public comment period and public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Deborah Jacobs, senior policy analyst, growth management services, phone 360-725-2719, email Deborah.Jacobs@commerce.wa.gov, website https://www.commerce.wa.gov/about/legislative/rulemaking/.