Transportation/tribal rep.

AN ACT Relating to including tribal representation in certain 1
transportation activities; amending RCW 36.70A.070, 36.81.121, 2
43.59.156, and 43.59.156; adding a new section to chapter 43.59 RCW; 3
making an appropriation; providing an effective date; and providing 4
an expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 36.70A.070 and 2024 c 135 s 1 are each amended to 7
read as follows: 8
The comprehensive plan of a county or city that is required or 9
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 10
and descriptive text covering objectives, principles, and standards 11
used to develop the comprehensive plan. The plan shall be an 12
internally consistent document and all elements shall be consistent 13
with the future land use map. A comprehensive plan shall be adopted 14
and amended with public participation as provided in RCW 36.70A.140. 15
Each comprehensive plan shall include a plan, scheme, or design for 16
each of the following: 17
(1) A land use element designating the proposed general 18
distribution and general location and extent of the uses of land, 19
where appropriate, for agriculture, timber production, housing, 20
commerce, industry, recreation, open spaces and green spaces, urban 21
S-0247.2
SENATE BILL 5374
State of Washington 69th Legislature 2025 Regular Session
By Senators Kauffman, Liias, Valdez, Hasegawa, Krishnadasan,
Lovelett, Nobles, Stanford, and C. Wilson
Read first time 01/20/25. Referred to Committee on Transportation.
p. 1 SB 5374
and community forests within the urban growth area, general aviation 1
airports, public utilities, public facilities, and other land uses. 2
The land use element shall include population densities, building 3
intensities, and estimates of future population growth. The land use 4
element shall provide for protection of the quality and quantity of 5
groundwater used for public water supplies. The land use element must 6
give special consideration to achieving environmental justice in its 7
goals and policies, including efforts to avoid creating or worsening 8
environmental health disparities. Wherever possible, the land use 9
element should consider utilizing urban planning approaches that 10
promote physical activity and reduce per capita vehicle miles 11
traveled within the jurisdiction, but without increasing greenhouse 12
gas emissions elsewhere in the state. Where applicable, the land use 13
element shall review drainage, flooding, and stormwater runoff in the 14
area and nearby jurisdictions and provide guidance for corrective 15
actions to mitigate or cleanse those discharges that pollute waters 16
of the state, including Puget Sound or waters entering Puget Sound. 17
The land use element must reduce and mitigate the risk to lives and 18
property posed by wildfires by using land use planning tools, which 19
may include, but are not limited to, adoption of portions or all of 20
the wildland urban interface code developed by the international code 21
council or developing building and maintenance standards consistent 22
with the firewise USA program or similar program designed to reduce 23
wildfire risk, reducing wildfire risks to residential development in 24
high risk areas and the wildland urban interface area, separating 25
human development from wildfire prone landscapes, and protecting 26
existing residential development and infrastructure through community 27
wildfire preparedness and fire adaptation measures.28
(2) A housing element ensuring the vitality and character of 29
established residential neighborhoods that: 30
(a) Includes an inventory and analysis of existing and projected 31
housing needs that identifies the number of housing units necessary 32
to manage projected growth, as provided by the department of 33
commerce, including: 34
(i) Units for moderate, low, very low, and extremely low-income 35
households; and 36
(ii) Emergency housing, emergency shelters, and permanent 37
supportive housing; 38
(b) Includes a statement of goals, policies, objectives, and 39
mandatory provisions for the preservation, improvement, and 40
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development of housing, including single-family residences, and 1
within an urban growth area boundary, moderate density housing 2
options including, but not limited to, duplexes, triplexes, and 3
townhomes; 4
(c) Identifies sufficient capacity of land for housing including, 5
but not limited to, government-assisted housing, housing for 6
moderate, low, very low, and extremely low-income households, 7
manufactured housing, multifamily housing, group homes, foster care 8
facilities, emergency housing, emergency shelters, permanent 9
supportive housing, and within an urban growth area boundary, 10
consideration of duplexes, triplexes, and townhomes;11
(d) Makes adequate provisions for existing and projected needs of 12
all economic segments of the community, including:13
(i) Incorporating consideration for low, very low, extremely low, 14
and moderate-income households; 15
(ii) Documenting programs and actions needed to achieve housing 16
availability including gaps in local funding, barriers such as 17
development regulations, and other limitations; 18
(iii) Consideration of housing locations in relation to 19
employment location; and 20
(iv) Consideration of the role of accessory dwelling units in 21
meeting housing needs; 22
(e) Identifies local policies and regulations that result in 23
racially disparate impacts, displacement, and exclusion in housing, 24
including: 25
(i) Zoning that may have a discriminatory effect;26
(ii) Disinvestment; and 27
(iii) Infrastructure availability; 28
(f) Identifies and implements policies and regulations to address 29
and begin to undo racially disparate impacts, displacement, and 30
exclusion in housing caused by local policies, plans, and actions;31
(g) Identifies areas that may be at higher risk of displacement 32
from market forces that occur with changes to zoning development 33
regulations and capital investments; and 34
(h) Establishes antidisplacement policies, with consideration 35
given to the preservation of historical and cultural communities as 36
well as investments in low, very low, extremely low, and moderate-37
income housing; equitable development initiatives; inclusionary 38
zoning; community planning requirements; tenant protections; land 39
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disposition policies; and consideration of land that may be used for 1
affordable housing. 2
In counties and cities subject to the review and evaluation 3
requirements of RCW 36.70A.215, any revision to the housing element 4
shall include consideration of prior review and evaluation reports 5
and any reasonable measures identified. The housing element should 6
link jurisdictional goals with overall county goals to ensure that 7
the housing element goals are met. 8
The adoption of ordinances, development regulations and 9
amendments to such regulations, and other nonproject actions taken by 10
a city that is required or chooses to plan under RCW 36.70A.040 that 11
increase housing capacity, increase housing affordability, and 12
mitigate displacement as required under this subsection (2) and that 13
apply outside of critical areas are not subject to administrative or 14
judicial appeal under chapter 43.21C RCW unless the adoption of such 15
ordinances, development regulations and amendments to such 16
regulations, or other nonproject actions has a probable significant 17
adverse impact on fish habitat. 18
(3) A capital facilities plan element consisting of: (a) An 19
inventory of existing capital facilities owned by public entities, 20
including green infrastructure, showing the locations and capacities 21
of the capital facilities; (b) a forecast of the future needs for 22
such capital facilities; (c) the proposed locations and capacities of 23
expanded or new capital facilities; (d) at least a six-year plan that 24
will finance such capital facilities within projected funding 25
capacities and clearly identifies sources of public money for such 26
purposes; and (e) a requirement to reassess the land use element if 27
probable funding falls short of meeting existing needs and to ensure 28
that the land use element, capital facilities plan element, and 29
financing plan within the capital facilities plan element are 30
coordinated and consistent. Park and recreation facilities shall be 31
included in the capital facilities plan element. 32
The county or city shall identify all public entities that own 33
capital facilities and endeavor in good faith to work with other 34
public entities, such as special purpose districts, to gather and 35
include within its capital facilities element the information 36
required by this subsection. If, after a good faith effort, the 37
county or city is unable to gather the information required by this 38
subsection from the other public entities, the failure to include 39
such information in its capital facilities element cannot be grounds 40
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for a finding of noncompliance or invalidity under chapter 228, Laws 1
of 2023. A good faith effort must, at a minimum, include consulting 2
the public entity's capital facility or system plans and emailing and 3
calling the staff of the public entity. 4
(4)(a) A utilities element consisting of the general location, 5
proposed location, and capacity of all existing and proposed 6
utilities including, but not limited to, electrical, 7
telecommunications, and natural gas systems. 8
(b) The county or city shall identify all public entities that 9
own utility systems and endeavor in good faith to work with other 10
public entities, such as special purpose districts, to gather and 11
include within its utilities element the information required in (a) 12
of this subsection. However, if, after a good faith effort, the 13
county or city is unable to gather the information required in (a) of 14
this subsection from the other public entities, the failure to 15
include such information in the utilities element shall not be 16
grounds for a finding of noncompliance or invalidity under chapter 17
228, Laws of 2023. A good faith effort must, at a minimum, include 18
consulting the public entity's capital facility or system plans, and 19
emailing and calling the staff of the public entity.20
(5) Rural element. Counties shall include a rural element 21
including lands that are not designated for urban growth, 22
agriculture, forest, or mineral resources. The following provisions 23
shall apply to the rural element: 24
(a) Growth management act goals and local circumstances. Because 25
circumstances vary from county to county, in establishing patterns of 26
rural densities and uses, a county may consider local circumstances, 27
but shall develop a written record explaining how the rural element 28
harmonizes the planning goals in RCW 36.70A.020 and meets the 29
requirements of this chapter. 30
(b) Rural development. The rural element shall permit rural 31
development, forestry, and agriculture in rural areas. The rural 32
element shall provide for a variety of rural densities, uses, 33
essential public facilities, and rural governmental services needed 34
to serve the permitted densities and uses. To achieve a variety of 35
rural densities and uses, counties may provide for clustering, 36
density transfer, design guidelines, conservation easements, and 37
other innovative techniques that will accommodate appropriate rural 38
economic advancement, densities, and uses that are not characterized 39
by urban growth and that are consistent with rural character.40
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(c) Measures governing rural development. The rural element shall 1
include measures that apply to rural development and protect the 2
rural character of the area, as established by the county, by:3
(i) Containing or otherwise controlling rural development;4
(ii) Assuring visual compatibility of rural development with the 5
surrounding rural area; 6
(iii) Reducing the inappropriate conversion of undeveloped land 7
into sprawling, low-density development in the rural area;8
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 9
and surface water and groundwater resources; and 10
(v) Protecting against conflicts with the use of agricultural, 11
forest, and mineral resource lands designated under RCW 36.70A.170.12
(d) Limited areas of more intensive rural development. Subject to 13
the requirements of this subsection and except as otherwise 14
specifically provided in this subsection (5)(d), the rural element 15
may allow for limited areas of more intensive rural development, 16
including necessary public facilities and public services to serve 17
the limited area as follows: 18
(i) Rural development consisting of the infill, development, or 19
redevelopment of existing commercial, industrial, residential, or 20
mixed-use areas, whether characterized as shoreline development, 21
villages, hamlets, rural activity centers, or crossroads 22
developments. 23
(A) A commercial, industrial, residential, shoreline, or mixed-24
use area are subject to the requirements of (d)(iv) of this 25
subsection, but are not subject to the requirements of (c)(ii) and 26
(iii) of this subsection. 27
(B) Any development or redevelopment other than an industrial 28
area or an industrial use within a mixed-use area or an industrial 29
area under this subsection (5)(d)(i) must be principally designed to 30
serve the existing and projected rural population.31
(C) Any development or redevelopment in terms of building size, 32
scale, use, or intensity may be permitted subject to confirmation 33
from all existing providers of public facilities and public services 34
of sufficient capacity of existing public facilities and public 35
services to serve any new or additional demand from the new 36
development or redevelopment. Development and redevelopment may 37
include changes in use from vacant land or a previously existing use 38
so long as the new use conforms to the requirements of this 39
subsection (5) and is consistent with the local character. Any 40
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commercial development or redevelopment within a mixed-use area must 1
be principally designed to serve the existing and projected rural 2
population and must meet the following requirements:3
(I) Any included retail or food service space must not exceed the 4
footprint of previously occupied space or 5,000 square feet, 5
whichever is greater, for the same or similar use, unless the retail 6
space is for an essential rural retail service and the designated 7
limited area is located at least 10 miles from an existing urban 8
growth area, then the retail space must not exceed the footprint of 9
the previously occupied space or 10,000 square feet, whichever is 10
greater; and 11
(II) Any included retail or food service space must not exceed 12
2,500 square feet for a new use, unless the new retail space is for 13
an essential rural retail service and the designated limited area is 14
located at least 10 miles from an existing urban growth area, then 15
the new retail space must not exceed 10,000 square feet;16
For the purposes of this subsection (5)(d), "essential rural 17
retail services" means services including grocery, pharmacy, 18
hardware, automotive parts, and similar uses that sell or provide 19
products necessary for health and safety, such as food, medication, 20
sanitation supplies, and products to maintain habitability and 21
mobility; 22
(ii) The intensification of development on lots containing, or 23
new development of, small-scale recreational or tourist uses, 24
including commercial facilities to serve those recreational or 25
tourist uses, that rely on a rural location and setting, but that do 26
not include new residential development. A small-scale recreation or 27
tourist use is not required to be principally designed to serve the 28
existing and projected rural population. Public services and public 29
facilities shall be limited to those necessary to serve the 30
recreation or tourist use and shall be provided in a manner that does 31
not permit low-density sprawl; 32
(iii) The intensification of development on lots containing 33
isolated nonresidential uses or new development of isolated cottage 34
industries and isolated small-scale businesses that are not 35
principally designed to serve the existing and projected rural 36
population and nonresidential uses, but do provide job opportunities 37
for rural residents. Rural counties may allow the expansion of small-38
scale businesses as long as those small-scale businesses conform with 39
the rural character of the area as defined by the local government 40
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according to RCW 36.70A.030(35). Rural counties may also allow new 1
small-scale businesses to utilize a site previously occupied by an 2
existing business as long as the new small-scale business conforms to 3
the rural character of the area as defined by the local government 4
according to RCW 36.70A.030(35). Public services and public 5
facilities shall be limited to those necessary to serve the isolated 6
nonresidential use and shall be provided in a manner that does not 7
permit low-density sprawl; 8
(iv) A county shall adopt measures to minimize and contain the 9
existing areas of more intensive rural development, as appropriate, 10
authorized under this subsection. Lands included in such existing 11
areas shall not extend beyond the logical outer boundary of the 12
existing area, thereby allowing a new pattern of low-density sprawl. 13
Existing areas are those that are clearly identifiable and contained 14
and where there is a logical boundary delineated predominately by the 15
built environment, but that may also include undeveloped lands if 16
limited as provided in this subsection. The county shall establish 17
the logical outer boundary of an area of more intensive rural 18
development. In establishing the logical outer boundary, the county 19
shall address (A) the need to preserve the character of existing 20
natural neighborhoods and communities, (B) physical boundaries, such 21
as bodies of water, streets and highways, and land forms and 22
contours, (C) the prevention of abnormally irregular boundaries, and 23
(D) the ability to provide public facilities and public services in a 24
manner that does not permit low-density sprawl; 25
(v) For purposes of this subsection (5)(d), an existing area or 26
existing use is one that was in existence: 27
(A) On July 1, 1990, in a county that was initially required to 28
plan under all of the provisions of this chapter; 29
(B) On the date the county adopted a resolution under RCW 30
36.70A.040(2), in a county that is planning under all of the 31
provisions of this chapter under RCW 36.70A.040(2); or32
(C) On the date the office of financial management certifies the 33
county's population as provided in RCW 36.70A.040(5), in a county 34
that is planning under all of the provisions of this chapter pursuant 35
to RCW 36.70A.040(5). 36
(e) Exception. This subsection shall not be interpreted to permit 37
in the rural area a major industrial development or a master planned 38
resort unless otherwise specifically permitted under RCW 36.70A.360 39
and 36.70A.365. 40
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(6) A transportation element that implements, and is consistent 1
with, the land use element. 2
(a) The transportation element shall include the following 3
subelements: 4
(i) Land use assumptions used in estimating travel;5
(ii) Estimated multimodal level of service impacts to state-owned 6
transportation facilities resulting from land use assumptions to 7
assist in monitoring the performance of state facilities, to plan 8
improvements for the facilities, and to assess the impact of land-use 9
decisions on state-owned transportation facilities;10
(iii) Facilities and services needs, including:11
(A) An inventory of air, water, and ground transportation 12
facilities and services, including transit alignments, active 13
transportation facilities, and general aviation airport facilities, 14
to define existing capital facilities and travel levels to inform 15
future planning. This inventory must include state-owned 16
transportation facilities within the city or county's jurisdictional 17
boundaries; 18
(B) Multimodal level of service standards for all locally owned 19
arterials, locally and regionally operated transit routes that serve 20
urban growth areas, state-owned or operated transit routes that serve 21
urban areas if the department of transportation has prepared such 22
standards, and active transportation facilities to serve as a gauge 23
to judge performance of the system and success in helping to achieve 24
the goals of this chapter consistent with environmental justice. 25
These standards should be regionally coordinated; 26
(C) For state-owned transportation facilities, multimodal level 27
of service standards for highways, as prescribed in chapters 47.06 28
and 47.80 RCW, to gauge the performance of the system. The purposes 29
of reflecting multimodal level of service standards for state 30
highways in the local comprehensive plan are to monitor the 31
performance of the system, to evaluate improvement strategies, and to 32
facilitate coordination between the county's or city's six-year 33
street, road, active transportation, or transit program and the 34
office of financial management's ((ten-year)) 10-year investment 35
program. The concurrency requirements of (b) of this subsection do 36
not apply to transportation facilities and services of statewide 37
significance except for counties consisting of islands whose only 38
connection to the mainland are state highways or ferry routes. In 39
these island counties, state highways and ferry route capacity must 40
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be a factor in meeting the concurrency requirements in (b) of this 1
subsection; 2
(D) Specific actions and requirements for bringing into 3
compliance transportation facilities or services that are below an 4
established multimodal level of service standard; 5
(E) Forecasts of multimodal transportation demand and needs 6
within cities and urban growth areas, and forecasts of multimodal 7
transportation demand and needs outside of cities and urban growth 8
areas, for at least ((ten)) 10 years based on the adopted land use 9
plan to inform the development of a transportation element that 10
balances transportation system safety and convenience to accommodate 11
all users of the transportation system to safely, reliably, and 12
efficiently provide access and mobility to people and goods. Priority 13
must be given to inclusion of transportation facilities and services 14
providing the greatest multimodal safety benefit to each category of 15
roadway users for the context and speed of the facility;16
(F) Identification of state and local system needs to equitably 17
meet current and future demands. Identified needs on state-owned 18
transportation facilities must be consistent with the statewide 19
multimodal transportation plan required under chapter 47.06 RCW. 20
Local system needs should reflect the regional transportation system 21
and local goals, and strive to equitably implement the multimodal 22
network; 23
(G) A transition plan for transportation as required in Title II 24
of the Americans with disabilities act of 1990 (ADA). As a necessary 25
step to a program access plan to provide accessibility under the ADA, 26
state and local government, public entities, and public agencies are 27
required to perform self-evaluations of their current facilities, 28
relative to accessibility requirements of the ADA. The agencies are 29
then required to develop a program access plan, which can be called a 30
transition plan, to address any deficiencies. The plan is intended to 31
achieve the following: 32
(I) Identify physical obstacles that limit the accessibility of 33
facilities to individuals with disabilities; 34
(II) Describe the methods to be used to make the facilities 35
accessible; 36
(III) Provide a schedule for making the access modifications; and37
(IV) Identify the public officials responsible for implementation 38
of the transition plan; 39
(iv) Finance, including: 40
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(A) An analysis of funding capability to judge needs against 1
probable funding resources; 2
(B) A multiyear financing plan based on the needs identified in 3
the comprehensive plan, the appropriate parts of which shall serve as 4
the basis for the six-year street, road, or transit program required 5
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 6
35.58.2795 for public transportation systems. The multiyear financing 7
plan should be coordinated with the ((ten-year)) 10-year investment 8
program developed by the office of financial management as required 9
by RCW 47.05.030; 10
(C) If probable funding falls short of meeting the identified 11
needs of the transportation system, including state transportation 12
facilities, a discussion of how additional funding will be raised, or 13
how land use assumptions will be reassessed to ensure that level of 14
service standards will be met; 15
(v) Intergovernmental coordination efforts, to include affected 16
tribal governments, including an assessment of the impacts of the 17
transportation plan and land use assumptions on the transportation 18
systems of adjacent jurisdictions, including affected tribal areas;19
(vi) Demand-management strategies; 20
(vii) Active transportation component to include collaborative 21
efforts to identify and designate planned improvements for active 22
transportation facilities and corridors that address and encourage 23
enhanced community access and promote healthy lifestyles.24
(b) After adoption of the comprehensive plan by jurisdictions 25
required to plan or who choose to plan under RCW 36.70A.040, local 26
jurisdictions must adopt and enforce ordinances which prohibit 27
development approval if the development causes the level of service 28
on a locally owned or locally or regionally operated transportation 29
facility to decline below the standards adopted in the transportation 30
element of the comprehensive plan, unless transportation improvements 31
or strategies to accommodate the impacts of development are made 32
concurrent with the development. These strategies may include active 33
transportation facility improvements, increased or enhanced public 34
transportation service, ride-sharing programs, demand management, and 35
other transportation systems management strategies. For the purposes 36
of this subsection (6), "concurrent with the development" means that 37
improvements or strategies are in place at the time of development, 38
or that a financial commitment is in place to complete the 39
improvements or strategies within six years. If the collection of 40
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impact fees is delayed under RCW 82.02.050(3), the six-year period 1
required by this subsection (6)(b) must begin after full payment of 2
all impact fees is due to the county or city. A development proposal 3
may not be denied for causing the level of service on a locally owned 4
or locally or regionally operated transportation facility to decline 5
below the standards adopted in the transportation element of the 6
comprehensive plan where such impacts could be adequately mitigated 7
through active transportation facility improvements, increased or 8
enhanced public transportation service, ride-sharing programs, demand 9
management, or other transportation systems management strategies 10
funded by the development. 11
(c) The transportation element described in this subsection (6), 12
the six-year plans required by RCW 35.77.010 for cities, RCW 13
36.81.121 for counties, and RCW 35.58.2795 for public transportation 14
systems, and the ((ten-year)) 10-year investment program required by 15
RCW 47.05.030 for the state, must be consistent. 16
(7) An economic development element establishing local goals, 17
policies, objectives, and provisions for economic growth and vitality 18
and a high quality of life. A city that has chosen to be a 19
residential community is exempt from the economic development element 20
requirement of this subsection. 21
(8) A park and recreation element that implements, and is 22
consistent with, the capital facilities plan element as it relates to 23
park and recreation facilities. The element shall include: (a) 24
Estimates of park and recreation demand for at least a ((ten-year)) 25
10-year period; (b) an evaluation of facilities and service needs; 26
(c) an evaluation of tree canopy coverage within the urban growth 27
area; and (d) an evaluation of intergovernmental coordination 28
opportunities to provide regional approaches for meeting park and 29
recreational demand. 30
(9)(a) A climate change and resiliency element that is designed 31
to result in reductions in overall greenhouse gas emissions and that 32
must enhance resiliency to and avoid the adverse impacts of climate 33
change, which must include efforts to reduce localized greenhouse gas 34
emissions and avoid creating or worsening localized climate impacts 35
to vulnerable populations and overburdened communities.36
(b) The climate change and resiliency element shall include the 37
following subelements: 38
(i) A greenhouse gas emissions reduction subelement;39
(ii) A resiliency subelement. 40
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(c) The greenhouse gas emissions reduction subelement of the 1
climate change and resiliency element is mandatory for the 2
jurisdictions specified in RCW 36.70A.095 and is encouraged for all 3
other jurisdictions, including those planning under RCW 36.70A.040 4
and those planning under chapter 36.70 RCW. The resiliency subelement 5
of the climate change and resiliency element is mandatory for all 6
jurisdictions planning under RCW 36.70A.040 and is encouraged for 7
those jurisdictions planning under chapter 36.70 RCW.8
(d)(i) The greenhouse gas emissions reduction subelement of the 9
comprehensive plan, and its related development regulations, must 10
identify the actions the jurisdiction will take during the planning 11
cycle consistent with the guidelines published by the department 12
pursuant to RCW 70A.45.120 that will: 13
(A) Result in reductions in overall greenhouse gas emissions 14
generated by transportation and land use within the jurisdiction but 15
without increasing greenhouse gas emissions elsewhere in the state;16
(B) Result in reductions in per capita vehicle miles traveled 17
within the jurisdiction but without increasing greenhouse gas 18
emissions elsewhere in the state; and 19
(C) Prioritize reductions that benefit overburdened communities 20
in order to maximize the cobenefits of reduced air pollution and 21
environmental justice. 22
(ii) Actions not specifically identified in the guidelines 23
developed by the department pursuant to RCW 70A.45.120 may be 24
considered consistent with these guidelines only if:25
(A) They are projected to achieve greenhouse gas emissions 26
reductions or per capita vehicle miles traveled reductions equivalent 27
to what would be required of the jurisdiction under the guidelines 28
adopted by the department; and 29
(B) They are supported by scientifically credible projections and 30
scenarios that indicate their adoption is likely to result in 31
reductions of greenhouse gas emissions or per capita vehicle miles 32
traveled. 33
(iii) A jurisdiction may not restrict population growth or limit 34
population allocation in order to achieve the requirements set forth 35
in this subsection (9)(d). 36
(e)(i) The resiliency subelement must equitably enhance 37
resiliency to, and avoid or substantially reduce the adverse impacts 38
of, climate change in human communities and ecological systems 39
through goals, policies, and programs consistent with the best 40
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available science and scientifically credible climate projections and 1
impact scenarios that moderate or avoid harm, enhance the resiliency 2
of natural and human systems, and enhance beneficial opportunities. 3
The resiliency subelement must prioritize actions that benefit 4
overburdened communities that will disproportionately suffer from 5
compounding environmental impacts and will be most impacted by 6
natural hazards due to climate change. Specific goals, policies, and 7
programs of the resiliency subelement must include, but are not 8
limited to, those designed to: 9
(A) Identify, protect, and enhance natural areas to foster 10
resiliency to climate impacts, as well as areas of vital habitat for 11
safe passage and species migration; 12
(B) Identify, protect, and enhance community resiliency to 13
climate change impacts, including social, economic, and built 14
environment factors, that support adaptation to climate impacts 15
consistent with environmental justice; and 16
(C) Address natural hazards created or aggravated by climate 17
change, including sea level rise, landslides, flooding, drought, 18
heat, smoke, wildfire, and other effects of changes to temperature 19
and precipitation patterns. 20
(ii) A natural hazard mitigation plan or similar plan that is 21
guided by RCW 36.70A.020(14), that prioritizes actions that benefit 22
overburdened communities, and that complies with the applicable 23
requirements of this chapter, including the requirements set forth in 24
this subsection (9)(e), may be adopted by reference to satisfy these 25
requirements, except that to the extent any of the substantive 26
requirements of this subsection (9)(e) are not addressed, or are 27
inadequately addressed, in the referenced natural hazard mitigation 28
plan, a county or city must supplement the natural hazard mitigation 29
plan accordingly so that the adopted resiliency subelement complies 30
fully with the substantive requirements of this subsection (9)(e).31
(A) If a county or city intends to adopt by reference a federal 32
emergency management agency natural hazard mitigation plan in order 33
to meet all or part of the substantive requirements set forth in this 34
subsection (9)(e), and the most recently adopted federal emergency 35
management agency natural hazard mitigation plan does not comply with 36
the requirements of this subsection (9)(e), the department may grant 37
the county or city an extension of time in which to submit a natural 38
hazard mitigation plan. 39
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(B) Eligibility for an extension under this subsection prior to 1
July 1, 2027, is limited to a city or county required to review and, 2
if needed, revise its comprehensive plan on or before June 30, 2025, 3
as provided in RCW 36.70A.130, or for a city or county with an 4
existing, unexpired federal emergency management agency natural 5
hazard mitigation plan scheduled to expire before December 31, 2024.6
(C) Extension requests after July 1, 2027, may be granted if 7
requirements for the resiliency subelement are amended or added by 8
the legislature or if the department finds other circumstances that 9
may result in a potential finding of noncompliance with a 10
jurisdiction's existing and approved federal emergency management 11
agency natural hazard mitigation plan. 12
(D) A city or county that wishes to request an extension of time 13
must submit a request in writing to the department no later than the 14
date on which the city or county is required to review and, if 15
needed, revise its comprehensive plan as provided in RCW 36.70A.130.16
(E) Upon the submission of such a request to the department, the 17
city or county may have an additional 48 months from the date 18
provided in RCW 36.70A.130 in which to either adopt by reference an 19
updated federal emergency management agency natural hazard mitigation 20
plan or adopt its own natural hazard mitigation plan, and to then 21
submit that plan to the department. 22
(F) The adoption of ordinances, amendments to comprehensive 23
plans, amendments to development regulations, and other nonproject 24
actions taken by a county or city pursuant to (d) of this subsection 25
in order to implement measures specified by the department pursuant 26
to RCW 70A.45.120 are not subject to administrative or judicial 27
appeal under chapter 43.21C RCW. 28
(10) It is the intent that new or amended elements required after 29
January 1, 2002, be adopted concurrent with the scheduled update 30
provided in RCW 36.70A.130. Requirements to incorporate any such new 31
or amended elements shall be null and void until funds sufficient to 32
cover applicable local government costs are appropriated and 33
distributed by the state at least two years before local government 34
must update comprehensive plans as required in RCW 36.70A.130.35
Sec. 2. RCW 36.81.121 and 2005 c 360 s 3 are each amended to 36
read as follows: 37
(1) At any time before adoption of the budget, the legislative 38
authority of each county, after one or more public hearings thereon, 39
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shall prepare and adopt a comprehensive transportation program for 1
the ensuing six calendar years. If the county has adopted a 2
comprehensive plan pursuant to chapter 35.63 or 36.70 RCW, the 3
inherent authority of a charter county derived from its charter, or 4
chapter 36.70A RCW, the program shall be consistent with this 5
comprehensive plan. 6
The program shall include proposed road and bridge construction 7
work and other transportation facilities and programs deemed 8
appropriate, and for those counties operating ferries shall also 9
include a separate section showing proposed capital expenditures for 10
ferries, docks, and related facilities. The program shall include any 11
new or enhanced bicycle or pedestrian facilities identified pursuant 12
to RCW 36.70A.070(6) or other applicable changes that promote 13
nonmotorized transit. Copies of the program shall be filed with the 14
county road administration board and with the state secretary of 15
transportation not more than ((thirty)) 30 days after its adoption by 16
the legislative authority. The purpose of this section is to assure 17
that each county shall perpetually have available advanced plans 18
looking to the future for not less than six years as a guide in 19
carrying out a coordinated transportation program. The program may at 20
any time be revised by a majority of the legislative authority but 21
only after a public hearing thereon. 22
(2) Each six-year transportation program forwarded to the 23
secretary in compliance with subsection (1) of this section shall 24
contain information as to how a county will expend its moneys, 25
including funds made available pursuant to chapter 47.30 RCW, for 26
nonmotorized transportation purposes. 27
(3) Each six-year transportation program forwarded to the 28
secretary in compliance with subsection (1) of this section shall 29
contain information as to how a county shall act to preserve railroad 30
right-of-way in the event the railroad ceases to operate in the 31
county's jurisdiction. 32
(4) The six-year plan for each county shall specifically set 33
forth those projects and programs of regional significance for 34
inclusion in the transportation improvement program within that 35
region. 36
(5) The comprehensive transportation program under this section 37
must be prepared in coordination with affected tribal governments to 38
assess the impacts of the program on affected tribal areas and to 39
incorporate transportation needs of affected tribal areas.40
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Sec. 3. RCW 43.59.156 and 2020 c 72 s 1 are each amended to read 1
as follows: 2
(1) Within amounts appropriated to the traffic safety commission, 3
the commission must convene the Cooper Jones active transportation 4
safety council comprised of stakeholders who have a unique interest 5
or expertise in the safety of pedestrians, bicyclists, and other 6
nonmotorists. 7
(2) The purpose of the council is to review and analyze data and 8
programs related to fatalities and serious injuries involving 9
pedestrians, bicyclists, and other nonmotorists to identify points at 10
which the transportation system can be improved including, whenever 11
possible, privately owned areas of the system such as parking lots, 12
and to identify patterns in pedestrian, bicyclist, and other 13
nonmotorist fatalities and serious injuries. The council may also:14
(a) Monitor progress on implementation of existing council 15
recommendations; and 16
(b) Seek opportunities to expand consideration and implementation 17
of the principles of systematic safety, including areas where data 18
collection may need improvement. 19
(3)(a) The council may include, but is not limited to:20
(i) A representative from the commission; 21
(ii) A coroner from the county in which pedestrian, bicyclist, or 22
nonmotorist deaths have occurred; 23
(iii) Multiple members of law enforcement who have investigated 24
pedestrian, bicyclist, or nonmotorist fatalities; 25
(iv) A traffic engineer; 26
(v) A representative from the department of transportation and a 27
representative from the department of health; 28
(vi) A representative from the association of Washington cities;29
(vii) A representative from the Washington state association of 30
counties; 31
(viii) A representative from a pedestrian advocacy group; ((and))32
(ix) A representative from a tribal government; and33
(x) A representative from a bicyclist or other nonmotorist 34
advocacy group. 35
(b) The commission may invite other representatives of 36
stakeholder groups to participate in the council as deemed 37
appropriate by the commission. Additionally, the commission may 38
invite a victim or family member of a victim to participate in the 39
council. 40
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(4) The council must meet at least quarterly. By December 31st of 1
each year, the council must issue an annual report detailing any 2
findings and recommendations to the governor and the transportation 3
committees of the legislature. The commission must provide the annual 4
report electronically to all municipal governments and state agencies 5
that participated in the council during that calendar year. 6
Additionally, the council must report any budgetary or fiscal 7
recommendations to the office of financial management and the 8
legislature by August 1st on a biennial basis. 9
(5) As part of the review of pedestrian, bicyclist, or 10
nonmotorist fatalities and serious injuries that occur in Washington, 11
the council may review any available information, including crash 12
information maintained in existing databases; statutes, rules, 13
policies, or ordinances governing pedestrians and traffic related to 14
the incidents; and any other relevant information. The council may 15
make recommendations regarding changes in statutes, ordinances, 16
rules, and policies that could improve pedestrian, bicyclist, or 17
nonmotorist safety. Additionally, the council may make 18
recommendations on how to improve traffic fatality and serious injury 19
data quality, including crashes that occur in privately owned 20
property such as parking lots. The council may consult with local 21
cities and counties, as well as local police departments and other 22
law enforcement agencies and associations representing those 23
jurisdictions on how to improve data quality regarding crashes 24
occurring on private property. 25
(6)(a) Documents prepared by or for the council are inadmissible 26
and may not be used in a civil or administrative proceeding, except 27
that any document that exists before its use or consideration in a 28
review by the council, or that is created independently of such 29
review, does not become inadmissible merely because it is reviewed or 30
used by the council. For confidential information, such as personally 31
identifiable information and medical records, which are obtained by 32
the council, neither the commission nor the council may publicly 33
disclose such confidential information. No person who was in 34
attendance at a meeting of the council or who participated in the 35
creation, retention, collection, or maintenance of information or 36
documents specifically for the commission or the council shall be 37
permitted to testify in any civil action as to the content of such 38
proceedings or of the documents and information prepared specifically 39
as part of the activities of the council. However, recommendations 40
p. 18 SB 5374
from the council and the commission generally may be disclosed 1
without personal identifiers. 2
(b) The council may review, only to the extent otherwise 3
permitted by law or court rule when determined to be relevant and 4
necessary: Any law enforcement incident documentation, such as 5
incident reports, dispatch records, and victim, witness, and suspect 6
statements; any supplemental reports, probable cause statements, and 7
911 call taker's reports; and any other information determined to be 8
relevant to the review. The commission and the council must maintain 9
the confidentiality of such information to the extent required by any 10
applicable law. 11
(7) If acting in good faith, without malice, and within the 12
parameters of and protocols established under this chapter, 13
representatives of the commission and the council are immune from 14
civil liability for an activity related to reviews of particular 15
fatalities and serious injuries. 16
(8) This section must not be construed to provide a private civil 17
cause of action. 18
(9)(a) The council may receive gifts, grants, or endowments from 19
public or private sources that are made from time to time, in trust 20
or otherwise, for the use and benefit of the purposes of the council 21
and spend the gifts, grants, or endowments from the public or private 22
sources according to their terms, unless the receipt of the gifts, 23
grants, or endowments violates RCW 42.17A.560. 24
(b) Subject to the appropriation of funds for this specific 25
purpose, the council may provide grants targeted at improving 26
pedestrian, bicyclist, or nonmotorist safety in accordance with 27
recommendations made by the council. 28
(10) For purposes of this section: 29
(a) "Bicyclist fatality" means any death of a bicyclist resulting 30
from a collision, whether on a roadway, at an intersection, along an 31
adjacent sidewalk, or on a path that is contiguous with a roadway.32
(b) "Council" means the Cooper Jones active transportation safety 33
council. 34
(c) "Nonmotorist" means anyone using the transportation system 35
who is not in a vehicle. 36
(d) "Pedestrian fatality" means any death of a pedestrian 37
resulting from a collision, whether on a roadway, at an intersection, 38
along an adjacent sidewalk, or on a path that is contiguous with a 39
roadway. 40
p. 19 SB 5374
(e) "Serious injury" means any injury other than a fatal injury 1
that prevents the injured person from walking, driving, or normally 2
continuing the activities the person was capable of performing before 3
the injury occurred. 4
Sec. 4. RCW 43.59.156 and 2024 c 164 s 523 are each amended to 5
read as follows: 6
(1) Within amounts appropriated to the traffic safety commission, 7
the commission must convene the Cooper Jones active transportation 8
safety council comprised of stakeholders who have a unique interest 9
or expertise in the safety of pedestrians, bicyclists, and other 10
nonmotorists. 11
(2) The purpose of the council is to review and analyze data and 12
programs related to fatalities and serious injuries involving 13
pedestrians, bicyclists, and other nonmotorists to identify points at 14
which the transportation system can be improved including, whenever 15
possible, privately owned areas of the system such as parking lots, 16
and to identify patterns in pedestrian, bicyclist, and other 17
nonmotorist fatalities and serious injuries. The council may also:18
(a) Monitor progress on implementation of existing council 19
recommendations; and 20
(b) Seek opportunities to expand consideration and implementation 21
of the principles of systematic safety, including areas where data 22
collection may need improvement. 23
(3)(a) The council may include, but is not limited to:24
(i) A representative from the commission; 25
(ii) A coroner from the county in which pedestrian, bicyclist, or 26
nonmotorist deaths have occurred; 27
(iii) Multiple members of law enforcement who have investigated 28
pedestrian, bicyclist, or nonmotorist fatalities; 29
(iv) A traffic engineer; 30
(v) A representative from the department of transportation and a 31
representative from the department of health; 32
(vi) A representative from the association of Washington cities;33
(vii) A representative from the Washington state association of 34
counties; 35
(viii) A representative from a pedestrian advocacy group; ((and))36
(ix) A representative from a tribal government; and37
(x) A representative from a bicyclist or other nonmotorist 38
advocacy group. 39
p. 20 SB 5374
(b) The commission may invite other representatives of 1
stakeholder groups to participate in the council as deemed 2
appropriate by the commission. Additionally, the commission may 3
invite a victim or family member of a victim to participate in the 4
council. 5
(4) The council must meet at least quarterly. By December 31st of 6
each year, the council must issue an annual report detailing any 7
findings and recommendations to the governor and the transportation 8
committees of the legislature. The commission must provide the annual 9
report electronically to all municipal governments and state agencies 10
that participated in the council during that calendar year. 11
Additionally, the council must report any budgetary or fiscal 12
recommendations to the office of financial management and the 13
legislature by August 1st on a biennial basis. 14
(5) As part of the review of pedestrian, bicyclist, or 15
nonmotorist fatalities and serious injuries that occur in Washington, 16
the council may review any available information, including crash 17
information maintained in existing databases; statutes, rules, 18
policies, or ordinances governing pedestrians and traffic related to 19
the incidents; and any other relevant information. The council may 20
make recommendations regarding changes in statutes, ordinances, 21
rules, and policies that could improve pedestrian, bicyclist, or 22
nonmotorist safety. Additionally, the council may make 23
recommendations on how to improve traffic fatality and serious injury 24
data quality, including crashes that occur in privately owned 25
property such as parking lots. The council may consult with local 26
cities and counties, as well as local police departments and other 27
law enforcement agencies and associations representing those 28
jurisdictions on how to improve data quality regarding crashes 29
occurring on private property. 30
(6)(a) Documents prepared by or for the council are inadmissible 31
and may not be used in a civil or administrative proceeding, except 32
that any document that exists before its use or consideration in a 33
review by the council, or that is created independently of such 34
review, does not become inadmissible merely because it is reviewed or 35
used by the council. For confidential information, such as personally 36
identifiable information and medical records, which are obtained by 37
the council, neither the commission nor the council may publicly 38
disclose such confidential information. No person who was in 39
attendance at a meeting of the council or who participated in the 40
p. 21 SB 5374
creation, retention, collection, or maintenance of information or 1
documents specifically for the commission or the council shall be 2
permitted to testify in any civil action as to the content of such 3
proceedings or of the documents and information prepared specifically 4
as part of the activities of the council. However, recommendations 5
from the council and the commission generally may be disclosed 6
without personal identifiers. 7
(b) The council may review, only to the extent otherwise 8
permitted by law or court rule when determined to be relevant and 9
necessary: Any law enforcement incident documentation, such as 10
incident reports, dispatch records, and victim, witness, and suspect 11
statements; any supplemental reports, probable cause statements, and 12
911 call taker's reports; and any other information determined to be 13
relevant to the review. The commission and the council must maintain 14
the confidentiality of such information to the extent required by any 15
applicable law. 16
(7) If acting in good faith, without malice, and within the 17
parameters of and protocols established under this chapter, 18
representatives of the commission and the council are immune from 19
civil liability for an activity related to reviews of particular 20
fatalities and serious injuries. 21
(8) This section must not be construed to provide a private civil 22
cause of action. 23
(9)(a) The council may receive gifts, grants, or endowments from 24
public or private sources that are made from time to time, in trust 25
or otherwise, for the use and benefit of the purposes of the council 26
and spend the gifts, grants, or endowments from the public or private 27
sources according to their terms, unless the receipt of the gifts, 28
grants, or endowments violates RCW 29B.45.020. 29
(b) Subject to the appropriation of funds for this specific 30
purpose, the council may provide grants targeted at improving 31
pedestrian, bicyclist, or nonmotorist safety in accordance with 32
recommendations made by the council. 33
(10) For purposes of this section: 34
(a) "Bicyclist fatality" means any death of a bicyclist resulting 35
from a collision, whether on a roadway, at an intersection, along an 36
adjacent sidewalk, or on a path that is contiguous with a roadway.37
(b) "Council" means the Cooper Jones active transportation safety 38
council. 39
p. 22 SB 5374
(c) "Nonmotorist" means anyone using the transportation system 1
who is not in a vehicle. 2
(d) "Pedestrian fatality" means any death of a pedestrian 3
resulting from a collision, whether on a roadway, at an intersection, 4
along an adjacent sidewalk, or on a path that is contiguous with a 5
roadway. 6
(e) "Serious injury" means any injury other than a fatal injury 7
that prevents the injured person from walking, driving, or normally 8
continuing the activities the person was capable of performing before 9
the injury occurred. 10
NEW SECTION. Sec. 5. A new section is added to chapter 43.59 11
RCW to read as follows: 12
(1) Subject to the availability of amounts appropriated for this 13
specific purpose, the commission must establish a tribal traffic 14
safety coordinator program to assist tribes in implementing traffic 15
safety strategies. 16
(2) Use of program funds may include, but are not limited to, any 17
of the following activities: 18
(a) Create and execute comprehensive traffic safety programs 19
tailored to the community's unique needs; 20
(b) Establish structured processes for gathering, assessing, 21
analyzing, and presenting traffic safety data to support informed 22
decision making; 23
(c) Lead public outreach efforts, organize road safety audits, 24
and identify gaps in existing data and safety practices;25
(d) Develop dual language educational programs and conduct 26
Americans with disabilities act, pedestrian, and other traffic safety 27
surveys to enhance inclusivity and awareness; 28
(e) Oversee safety performance metrics, prepare detailed reports, 29
and guide the program's transition to long-term sustainability; and30
(f) Present project results and data-driven insights to the 31
respective tribal council to secure approvals for traffic safety 32
initiatives and ensure alignment with community priorities.33
(3) Program funds may also be used to match or supplement federal 34
funds received by the commission for such purposes.35
NEW SECTION. Sec. 6. The sum of $1,000,000, or as much thereof 36
as may be necessary, is appropriated for the fiscal biennium ending 37
p. 23 SB 5374
June 30, 2027, from the highway safety fund to the traffic safety 1
commission for the purposes of section 5 of this act.2
NEW SECTION. Sec. 7. Section 3 of this act expires January 1, 3
2026.4
NEW SECTION. Sec. 8. Section 4 of this act takes effect January 5
1, 2026.6
--- END ---
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