1. (1) Except as provided in subsection (2) of this section, a city or county planning under RCW 36.70A.040 may not require off-street parking as a condition of permitting the following types of residential projects:

   1. (a) Affordable housing;
   2. (b) New construction or the retrofit of existing buildings meeting passive house requirements;
   3. (c) Modular construction; or
   4. (d) Mass timber construction.
2. (2) A city or county may require off-street parking if the jurisdiction submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations in subsection (1) of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied. The department must develop guidance to assist cities and counties on items to include in the study.
3. (3) A county may require off-street parking if the county's roads are not developed to the standards for streets and roads adopted by the cities within that county.

4. (4) For the purposes of this section:

   1. (a) "Mass timber construction" means a building with structural components primarily made of mass timber products as defined in RCW 19.27.570.
   2. (b) "Modular construction" means a multistory residential building constructed of standardized components produced off-site, which are transported and assembled at a final location.
   3. (c) "Passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.

[ 2025 c 139 s 7.]