Committee advances bill allowing higher density near transit despite county control concerns

The House Committee on Water and Land voted Feb. 19 to advance HB 17‑39 HD1, a bill that would allow greater density in designated transit‑oriented development areas and preempt county land‑use provisions that conflict with the measure.

Chair Mark Ashle opened the hearing and noted the panel’s tight schedule and the bill’s defect date. Ivan Ho of UnitedHealthcare and the Food Service Workers Union testified in opposition, saying, “We are opposed to taking away the county powers to regulate building and development in the counties.” Ho argued the bill would remove local checks on development and create uncertainty for homebuyers and renters.

An Office of Planning representative told the committee the agency supports the bill and said staff consulted the city and county during drafting. The OPSD representative said the office is willing to work with counties and consider technical or substantive amendments to address concerns about sustainable development and preserving appropriate local controls.

Lawmakers pressed witnesses on the statute’s preemption language, with one member reading aloud the provision that any county ordinance inconsistent with the section “shall be preempted, void, and of no force or effect to the extent of this inconsistency.” Members asked whether the bill effectively permits much higher heights than some local rules (examples in discussion ranged from 400‑foot limits to hypothetical higher allowances). Supporters replied the bill creates an option to increase density near transit, not a mandatory change to local zoning.

On the committee’s recommendation to pass HB 17‑39 unamended, members registered reservations and at least one recorded 'no' based on home‑rule concerns. The committee adopted the chair’s recommendation to pass the bill to the next committee for further consideration.

The committee returned the bill with the existing defect date and flagged the need for additional conversations with city and county officials as it moves forward.