Washington 2023-2024 Regular Session Status: Enacted Bipartisan · 3 D · 1 R cosponsors

SB 5934 — Concerning pollinator habitat.

Last action — Effective date 6/6/2024.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 02, 2024. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

24 added · 167 removed

Plain-language change summary

The revised version of SB 5934 has shifted from a requirement for local governments to mandate at least 25% of a project’s landscaped area to be pollinator habitat, to a more optional approach where cities can encourage the inclusion of pollinator-friendly plants and even offer incentives for doing so. This change reflects a shift from a strict obligation to a more flexible system aimed at promoting pollinator habitats. This matters because it may make it easier for local governments to implement these measures, thereby potentially increasing voluntary participation in protecting pollinators while maintaining some level of support through information and incentives.

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S-4217.2 SUBSTITUTE SENATE BILL 5934 State of Washington 68th Legislature 2024 Regular Session By Senate Local Government, Land Use & Tribal Affairs (originally sponsored by Senators Padden, Van De Wege, Dhingra, Liias, Salomon, and Warnick) READ FIRST TIME 01/31/24.
S-3787.1 SENATE BILL 5934 State of Washington 68th Legislature 2024 Regular Session By Senators Padden, Van De Wege, Dhingra, Liias, Salomon, and Warnick Prefiled 01/02/24.
Read first time 01/08/24.
Referred to Committee on Local Government, Land Use & Tribal Affairs.
amending RCW 64.38.057 and 64.90.512;
and adding a new section to chapter 36.70B RCW.
adding a new section to chapter 35.63 RCW;
adding a new section to chapter 35A.63 RCW;
and adding a new section to chapter 36.70 RCW.
A new section is added to chapter 35.63 RCW to read as follows:
A new section is added to chapter 36.70B RCW to read as follows:
(1) A city may encourage an applicant of a project permit or commercial building permit to include pollinator friendly plants in any landscaped area to the extent practicable by:
(1) If a project permit, a commercial building permit, or a residential building permit includes landscaping, a local government must require the applicant to include at least 25 percent of the planted area as pollinator habitat to the extent practicable.
(a) Providing the list of native forage plants as developed by the department of agriculture in compliance with RCW 39.04.410 to applicants for project permits;
(2) A local government must provide the list of native forage plants as developed by the department of agriculture in compliance with RCW 39.04.410 to the applicant of the permit.
(b) Providing information regarding the benefits of pollinators and pollinator habitat;
(3) For purposes of this section:
and (c) Offering incentives, including expedited processing or reduced application fees, for permit applicants that include pollinator habitat as part of the permit application.
(2) A city may set restrictions related to beehives, but may not adopt an ordinance banning beehives.
(3) For the purposes of this section:
p.
1 SSB 5934 (a) "Commercial building permit" has the same meaning as defined in RCW 19.27.015.
(b) "Pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators.
(c) "Project permit" has the same meaning as defined in RCW 36.70B.020.
NEW SECTION.
Sec.
2.
A new section is added to chapter 35A.63 RCW to read as follows:
(1) A code city may encourage an applicant of a project permit or commercial building permit to include pollinator friendly plants in any landscaped area to the extent practicable by:
(a) Providing the list of native forage plants as developed by the department of agriculture in compliance with RCW 39.04.410 to applicants for project permits;
(b) Providing information regarding the benefits of pollinators and pollinator habitat;
and (c) Offering incentives, including expedited processing or reduced application fees, for permit applicants that include pollinator habitat as part of the permit application.
(2) A code city may set restrictions related to beehives, but may not adopt an ordinance banning beehives.
(3) For the purposes of this section:
(c) "Project permit" has the same meaning as defined in RCW 36.70B.020.
NEW SECTION.
Sec.
3.
A new section is added to chapter 36.70 RCW to read as follows:
(1) A county may encourage an applicant of a project permit or commercial building permit to include pollinator friendly plants in any landscaped area to the extent practicable by:
(a) Providing the list of native forage plants as developed by the department of agriculture in compliance with RCW 39.04.410 to applicants for project permits;
2 SSB 5934 (b) Providing information regarding the benefits of pollinators and pollinator habitat;
1 SB 5934 (c) "Residential building permit" has the same meaning as defined in RCW 19.27.015.
and (c) Offering incentives, including expedited processing or reduced application fees, for permit applicants that include pollinator habitat as part of the permit application.
(2) A county may set restrictions related to beehives, but may not adopt an ordinance banning beehives.
(3) For the purposes of this section:
(a) "Commercial building permit" has the same meaning as defined in RCW 19.27.015.
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(b) "Pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators.
(c) "Project permit" has the same meaning as defined in RCW 36.70B.020.
Sec.
4.
RCW 64.38.057 and 2020 c 9 s 2 are each amended to read as follows:
(1) The governing documents may not prohibit the installation of drought resistant landscaping, pollinator habitat, including beehives compliant with local regulation, or wildfire ignition resistant landscaping.
However, the governing documents may include reasonable rules regarding the placement and aesthetic appearance of drought resistant landscaping, pollinator habitat, or wildfire ignition resistant landscaping, as long as the rules do not render the use of drought resistant landscaping, pollinator habitat, or wildfire ignition resistant landscaping unreasonably costly or otherwise effectively infeasible.
(2) If a property is located within the geographic designation of an order of a drought condition issued by the department of ecology under RCW 43.83B.405, an association may not sanction or impose a fine or assessment against an owner, or resident on the owner's property, for reducing or eliminating the watering of vegetation or lawns for the duration of the drought condition order.
(3) Nothing in this section may be construed to prohibit or restrict the establishment and maintenance of a fire buffer within the building ignition zone.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
p.
3 SSB 5934 (a) "Building ignition zone" means a building and surrounding area up to two hundred feet from the foundation.
(b) "Drought resistant landscaping" means the use of any noninvasive vegetation adapted to arid or dry conditions, stone, or landscaping rock.
(c) "Firewise" means the firewise communities program developed by the national fire protection association, which encourages local solutions for wildfire safety by involving homeowners, community leaders, planners, developers, firefighters, and others in the effort to protect people and property from wildfire risks.
(d) "Pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators.
(e) "Wildfire ignition resistant landscaping" includes:
(i) Any landscaping tools or techniques, or noninvasive vegetation, that do not readily ignite from a flame or other ignition source;
or (ii) The use of firewise methods to reduce ignition risk in a building ignition zone.
Sec.
5.
RCW 64.90.512 and 2020 c 9 s 4 are each amended to read as follows:
(1) The declaration of a common interest ownership and any governing documents adopted by an association may not prohibit the installation of drought resistant landscaping, pollinator habitat, including beehives compliant with local regulation, or wildfire ignition resistant landscaping.
However, the declaration or governing documents may include reasonable rules regarding the placement and aesthetic appearance of drought resistant landscaping , pollinator habitat, or wildfire ignition resistant landscaping, as long as the rules do not render the use of drought resistant landscaping, pollinator habitat, or wildfire ignition resistant landscaping unreasonably costly or otherwise effectively infeasible.
(2) If a property is located within the geographic designation of an order of a drought condition issued by the department of ecology under RCW 43.83B.405, an association may not impose a fine or assessment against an owner, or resident on the owner's property, for reducing or eliminating the watering of vegetation or lawns for the duration of the drought condition order.
p.
4 SSB 5934 (3) Nothing in this section may be construed to prohibit or restrict the establishment and maintenance of a fire buffer within the building ignition zone.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Building ignition zone" means a building and surrounding area up to two hundred feet from the foundation.
(b) "Drought resistant landscaping" means the use of any noninvasive vegetation adapted to arid or dry conditions, stone, or landscaping rock.
(c) "Firewise" means the firewise communities program developed by the national fire protection association, which encourages local solutions for wildfire safety by involving homeowners, community leaders, planners, developers, firefighters, and others in the effort to protect people and property from wildfire risks.
(d) "Pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators.
(e) "Wildfire ignition resistant landscaping" includes:
(i) Any landscaping tools or techniques, or noninvasive vegetation, that do not readily ignite from a flame or other ignition source;
or (ii) The use of firewise methods to reduce ignition risk in a building ignition zone.
5 SSB 5934
2 SB 5934
View plain text versions (3)

Action History

  1. Effective date 6/6/2024.

  2. Chapter 337, 2024 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Passed final passage; yeas, 49; nays, 0; absent, 0; excused, 0.

  8. Senate concurred in House amendments.

  9. Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted with no other amendments.

  12. Rules Committee relieved of further consideration. Placed on second reading.

  13. Referred to Rules 2 Review.

  14. LG - Majority; do pass with amendment(s).

  15. Executive action taken in the House Committee on Local Government at 8:00 AM.

  16. Public hearing in the House Committee on Local Government at 10:30 AM.

  17. First reading, referred to Local Government.

  18. Third reading, passed; yeas, 48; nays, 1; absent, 0; excused, 0.

  19. Rules suspended. Placed on Third Reading.

  20. 1st substitute bill substituted (LGLT 24).

  21. Placed on second reading by Rules Committee.

  22. Passed to Rules Committee for second reading.

  23. Minority; without recommendation.

  24. LGLT - Majority; 1st substitute bill be substituted, do pass.

  25. Executive action taken in the Senate Committee on Local Government, Land Use & Tribal Affairs at 8:00 AM.

  26. Public hearing in the Senate Committee on Local Government, Land Use & Tribal Affairs at 10:30 AM.

  27. First reading, referred to Local Government, Land Use & Tribal Affairs.

  28. Prefiled for introduction.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 145 not signed on · 1 voted No

Sponsors (1)

  • Padden

Co-sponsors (5)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 49 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 16000
Democrat 23000
Total 49000
% of votes cast 100%0%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Passed 96 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 30000
Democrat 57000
Unaffiliated 9002
Total 96002
% of votes cast 98%0%0%2%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Not Voting
Cheney — Yea
Chopp — Yea
Hutchins — Yea
Kretz — Yea
Maycumber — Not Voting
Mosbrucker — Yea
Robertson — Yea
Sandlin — Yea
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Greg Nance Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

Official roll call →

Passed 48 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 16000
Democrat 22100
Total 48100
% of votes cast 98%2%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Yea
Randall — Yea
Rivers — Yea
Van De Wege — Yea
Wilson, L. — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Nay
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Wagoner Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 5934?
SB 5934 is sponsored by Judy Warnick (Republican), Jesse Salomon (Democrat), Marko Liias (Democrat), Manka Dhingra (Democrat), Padden, and Van De Wege.
What is the current status of SB 5934?
This bill has been enacted into law. Introduced January 02, 2024. Enacted.
Where can I track SB 5934?
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