Citizens Challenge State Development Laws Through Referendums 108 and 109

Concerned citizens have filed Referendum 108 and Referendum 109 to challenge recent state legislation, targeting HB 1491, known as the Transit-Oriented Development law, and ESSB 5184, the Minimum Parking Requirements law. Both laws were signed by Governor Bob Ferguson in May and have drawn criticism for stripping away public rights under the State Environmental Policy Act (SEPA) and overriding cities' authority to regulate parking. Opponents argue these changes erode local democracy and environmental protections, sparking a statewide debate over community rights versus state mandates.

Nick Strathy, a sponsor of the referendums, highlighted the laws' impact on public participation, citing the fast-tracking of the Plymouth Housing Project in Redmond as a prime example. This project plans to construct a 100-unit mixed-use building with only four parking stalls, bypassing the city's zoning code requirements and public hearing processes. The move has led to widespread community opposition, with critics arguing that the new laws are being used to silence local concerns about parking shortages, noise, safety risks, and strain on public services. For more details on the Plymouth Housing Project, visit https://www.redmond.gov/plymouthhousing.

The statewide implications of ESSB 5184 and HB 1491 are profound, as cities can no longer require off-street parking for affordable housing projects or conduct SEPA environmental reviews for developments near transit stations. Opponents contend that these laws impose unrealistic parking reductions and remove local control, potentially harming residents, businesses, and the environment. The lack of flexibility and consideration for local infrastructure and transit access has raised fears of increased congestion and public backlash against new housing developments. Information on the State Environmental Policy Act can be found at https://ecology.wa.gov/SEPA.

As the Attorney General prepares to issue ballot titles and summaries, organizers are gearing up to collect signatures to qualify the referendums for the November ballot. This effort represents a critical juncture for public participation in local governance, with the outcome likely to have lasting implications for community rights, environmental protection, and the balance between state mandates and local autonomy. The success of these referendums could set a precedent for how states and municipalities interact on development issues, emphasizing the importance of grassroots activism in shaping policy. For updates on the referendums, refer to https://www.sos.wa.gov/elections/initiatives.