SB 5609 Washington Senate · 2025-2026 Regular Session

Regarding cultural resource protection for certain land use activities that are categorically exempt from the state environmental policy act.

SB 5609 requires local governments (cities and counties) to follow specific cultural resource protections when approving certain land use projects that normally skip full environmental reviews under Washington’s SEPA law. To qualify for this exemption, local governments must have a data-sharing agreement with the state archaeology department, a local ordinance protecting historic sites (or a tribe-approved cultural plan), and written consultation agreements with affected tribes. The bill applies to projects exempt under existing laws or future rules, ensuring cultural resources are considered even for smaller developments. This changes how local governments handle approvals for activities like minor construction or renovations without requiring full environmental impact studies. The law aims to balance development with preserving cultural heritage through standardized local and tribal collaboration.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 12, 2026 Last action Feb 26, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Bill → Substitute Bill · 7 edits

MODERATE

The bill was updated to reflect its progression from the original Senate Bill to a substitute version for the 2026 legislative session. The text was significantly rewritten to clarify how local governments must protect cultural resources, specifically by requiring them to adopt new ordinances by July 1, 2029, in consultation with Native American tribes. The bill also establishes a new task force to review current protections and submit recommendations by December 1, 2028, before the new requirements expire.

Scope change

The bill's scope expanded from a general amendment to RCW 43.21C to include specific amendments to RCW 43.21C.240 and the addition of a new section to chapter 36.70A RCW, creating a new task force.

TIMELINE

The legislative session year was updated from 2025 to 2026, and the bill's reading date was changed to February 4, 2026.

The new task force section includes an expiration date of December 1, 2029.

REQUIREMENT

The act description was updated to explicitly state that it amends RCW 43.21C.240, adds a new section to chapter 36.70A, and creates a new task force.

Local governments must adopt an ordinance protecting archaeological and cultural resources by July 1, 2029, developed in consultation with federally recognized Indian tribes.

A new task force was created to assess current archaeological protections, identify gaps, and submit recommendations to the legislature by December 1, 2028.

ELIGIBILITY

The bill now explicitly applies only to counties, cities, or towns planning under RCW 36.70A.040.

DEFINITION

New provisions define how local governments can determine that their existing plans adequately address adverse environmental impacts, potentially avoiding additional mitigation.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 9, 2026

Upper · Passed

Minority; without recommendation.

upper

Feb 9, 2026

Upper · Passed

Minority; do not pass.

upper

Feb 9, 2026

Upper · Passed

Executive action taken in the Senate Committee on Ways & Means at 10:30 AM.

upper

Feb 6, 2026

Upper · Passed

Public hearing in the Senate Committee on Ways & Means at 1:30 PM.

upper

Feb 4, 2026

Committee

Referred to Ways & Means.

upper

Feb 3, 2026

Upper · Passed

Minority; without recommendation.

upper

Feb 3, 2026

Upper · Passed

Minority; do not pass.

upper

Feb 3, 2026

Committee

And refer to Ways & Means.

upper

Feb 3, 2026

Upper · Passed

Executive action taken in the Senate Committee on Environment, Energy & Technology at 1:30 PM.

upper

Jan 27, 2026

Upper · Passed

Public hearing in the Senate Committee on Environment, Energy & Technology at 1:30 PM.

upper

Jan 12, 2026

Introduced

By resolution, reintroduced and retained in present status.

upper

1 primary · 3 co-sponsors