SB 5609 — Regarding cultural resource protection for certain land use activities that are categorically exempt from the state environmental policy act.

S-4674.1S-1033.1 SUBSTITUTE SENATE BILL 5609 State of Washington 69th Legislature 20262025 Regular Session By Senate Environment, Energy & Technology (originally sponsored by Senators Kauffman, Hasegawa, Lovelett, and Nobles)Nobles READRead FIRSTfirst TIMEtime 02/04/26.01/31/25.

Referred to Committee on Environment, Energy & Technology.

amendingand RCWadding 43.21C.240;a new section to chapter 43.21C RCW.

adding a new section to chapter 36.70A RCW;

creating a new section;

and providing an expiration date.

NEW SECTION.

RCWA 43.21C.240new andsection 2003is cadded 298to schapter 243.21C areRCW each amended to read as follows:

(1) IfDecisions thelisted requirementsin of subsection (2)(3) of this section are satisfied,subject ato county, city, or town reviewing a project action shall determine that the requirements forof environmentalRCW analysis,43.21C.030(2)(c) protection,pertaining andto mitigationcultural measuresresources, inunless the county,branch city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws and rules provide adequate analysis of andgovernment mitigationhas: for the specific adverse environmental impacts of the project action to which the requirements apply.

Rules(a) adoptedA bydata-sharing agreement with the department accordingof toarchaeology RCWand 43.21C.110historic regardingpreservation; project specific impacts that may not have been adequately addressed apply to any determination made under this section.

In(b) theseEither situations,a inlocal whichordinance allprotecting adversearchaeological environmentaland impactshistoric willproperties beor mitigateda belowcultural resource management plan approved by the leveldepartment of significancearchaeology asand ahistoric resultpreservation; p.

1and SSB(c) 5609A ofwritten mitigationconsultation measuresagreement includedapproved by changing,affected clarifying,federally orrecognized conditioningtribes. of the proposed action and/or regulatory requirements of development regulations adopted under chapter 36.70A RCW or other local, state, or federal laws, a determination of nonsignificance or a mitigated determination of nonsignificance is the proper threshold determination.

(2) AThe county,department city,of orarchaeology townand historic preservation shall makedevelop theminimum determinationstandards providedthat formust be included in a local ordinance protecting archaeological and historic properties under subsection (1)(1)(b) of this sectionsection. if:

(a) In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws;

((and)) (b) Beginning July 1, 2029, the local government has adopted an ordinance protecting archaeological and cultural resources developed in consultation with affected federally recognized Indian tribes and consistent with the model ordinance developed by the department of archaeology and historic preservation under section 2 of this act;

and (c) The local government bases or conditions its approval on compliance with these requirements or mitigation measures.

(3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsections (1) and (2) of this section, the county, city, or town shall not impose additional mitigation under this chapter during project review.

Project review shall be integrated with environmental analysis under this chapter.

(4) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address an impact if the county, city, or town, through the planning and environmental review process under chapter 36.70A RCW and this chapter, has identified the specific adverse environmental impacts and:

(a) The impacts have been avoided or otherwise mitigated;

or (b) The legislative body of the county, city, or town has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.

21 SSBSB 5609 (5)(3) InThis decidingsection whetherapplies ato specificdecisions adversepertaining environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to aproposed specificactions environmental impact, the county, city, or town shall consult orally or in writing with that agencyare andcategorically mayexempt: expressly defer to that agency.

In(a) makingPursuant thisto deferral,RCW the43.21C.229; county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.

(6)(b) NothingPursuant in this section limits the authority of an agency in its review or mitigation of a project to adoptRCW or43.21C.240; otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.

(7)(c) ThisAs sectionidentified shallthrough applyrule onlymaking toconducted apursuant county,to city, or town planning under RCW 36.70A.040.43.21C.110;

NEWand SECTION.(d) Pursuant to other statutes enacted or rules adopted establishing a categorical exemption on or after the effective date of this section.

Sec.

2.

A new section is added to chapter 36.70A RCW to read as follows:

(1) By no later than July 1, 2029, a county, city, or town planning under RCW 36.70A.040 must adopt a local ordinance protecting archaeological and cultural resources developed in consultation with affected federally recognized Indian tribes.

An ordinance adopted under this section shall satisfy the requirements in RCW 43.21C.240.

(2) The department of archaeology and historic preservation shall develop minimum standards for preservation in consultation with federally recognized Indian tribes that must be included in a local ordinance adopted under subsection (1) of this section or RCW 43.21C.240(2)(b).

NEW SECTION.

Sec.

3.

(1) A task force to assess archaeological and cultural resource protection and to make recommendations to the legislature regarding state policies to protect archaeological and cultural resources is established.

(a) Membership of the task force shall be appointed by the governor and must consist of:

(i) Representatives of federally recognized Indian tribes;

(ii) A representative of the department of archaeology and historic preservation;

(iii) Local government representatives;