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SB5609 • 2026

Cultural resources/land use

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

Housing
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Kauffman, Senator Hasegawa, Senator Lovelett, Senator Nobles
Last action
2026-02-26
Official status
S Rules X
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Cultural resources/land use

Cultural resources/land use

What This Bill Does

  • Cultural resources/land use

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

5609-S2 AMS KAUF S5282.1

703 • Kauffman

PULLED

Plain English: 5609-S2 AMS KAUF S5282.1 2SSB 5609 - S AMD 703 By Senator Kauffman PULLED 02/17/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.

  • 5609-S2 AMS KAUF S5282.1 2SSB 5609 - S AMD 703 By Senator Kauffman PULLED 02/17/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
  • Sec.
  • 1.
  • The legislature finds that preservation 3 of tribal cultural resources is a state interest that must be 4 considered alongside development.
5609-S2 AMS LIIA S5325.1

725 • Liias

PULLED

Plain English: 5609-S2 AMS LIIA S5325.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 725 By Senator Liias PULLED 02/17/2026 On page 2, line 37, after " (7)" insert " The requirements in this 1 section do not apply to project actions that propose to develop 2 residential or mixed-use development within a station area pursuant 3 to RCW 43.21C.229(5).4 (8)" 5 EFFECT: Exempts project actions related to residential or mixed- use development within a station area from the local ordinance requirements.

  • 5609-S2 AMS LIIA S5325.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 725 By Senator Liias PULLED 02/17/2026 On page 2, line 37, after " (7)" insert " The requirements in this 1 section do not apply to project actions that propose to develop 2 residential or mixed-use development within a station area pursuant 3 to RCW 43.21C.229(5).4 (8)" 5 EFFECT: Exempts project actions related to residential or mixed- use development within a station area from the local ordinance requirements.
  • END --- Code Rev/AF:akl 1 S-5325.1/26
5609-S2 AMS CORA S5292.1

727 • Cortes

PULLED

Plain English: 5609-S2 AMS CORA S5292.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 727 By Senator Cortes PULLED 02/17/2026 Beginning on page 1, line 3, strike all of sections 1 through 5 1 and insert the following: 2 "NEW SECTION.

  • 5609-S2 AMS CORA S5292.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 727 By Senator Cortes PULLED 02/17/2026 Beginning on page 1, line 3, strike all of sections 1 through 5 1 and insert the following: 2 "NEW SECTION.
  • Sec.
  • 1.
  • (1) A task force to assess archaeological 3 and cultural resource protection and to make recommendations to the 4 legislature regarding state policies to protect archaeological and 5 cultural resources is established.6 (a) Membership of the task force shall be appointed by the 7 governor and must consist of: 8 (i) Representatives of federally recognized Indian tribes;9 (ii) A representative of the department of archaeology and 10 historic preservation; 11 (iii) Local government representatives; 12 (iv) A representative of the department of ecology;13 (v) A representative of the department of commerce;14 (vi) A representative of the development of market-rate housing;15 (vii) A representative of the development of affordable housing;16 (viii) A representative of a state association representing 17 cities; and 18 (ix) A representative of a state association representing 19 counties.
5609-S2 AMS BATE S5319.1

728 • Bateman

NOT CONSIDERED

Plain English: 5609-S2 AMS BATE S5319.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 728 By Senator Bateman NOT CONSIDERED 03/12/2026 On page 2, line 8, after " RCW" strike " 43.21C.229, 43.21C.240," 1 and insert "43.21C.240" 2 On page 2, at the beginning of line 35, strike " 43.21C.229, 3 43.21C.240," and insert "43.21C.240" 4 Beginning on page 3, line 3, strike all of section 35 Renumber the remaining sections consecutively and correct any 6 internal references accordingly.

  • 5609-S2 AMS BATE S5319.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 728 By Senator Bateman NOT CONSIDERED 03/12/2026 On page 2, line 8, after " RCW" strike " 43.21C.229, 43.21C.240," 1 and insert "43.21C.240" 2 On page 2, at the beginning of line 35, strike " 43.21C.229, 3 43.21C.240," and insert "43.21C.240" 4 Beginning on page 3, line 3, strike all of section 35 Renumber the remaining sections consecutively and correct any 6 internal references accordingly.
  • 7 On page 10, line 25, after "43.21C.130," strike "43.21C.229,"8 EFFECT: Strikes the infill and housing development categorical exemption from the local ordinance requirements under the bill.
  • END --- Code Rev/AF:eab 1 S-5319.1/26
5609-S2 AMS SHOR S5301.1

730 • Short

PULLED

Plain English: 5609-S2 AMS SHOR S5301.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 730 By Senator Short PULLED 02/17/2026 On page 2, line 7, after "2," strike "2028" and insert "2031"1 EFFECT: Modifies the effective date of the local ordinance requirement for local governments to be July 1, 2031.

  • 5609-S2 AMS SHOR S5301.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 730 By Senator Short PULLED 02/17/2026 On page 2, line 7, after "2," strike "2028" and insert "2031"1 EFFECT: Modifies the effective date of the local ordinance requirement for local governments to be July 1, 2031.
  • END --- Code Rev/AF:ajr 1 S-5301.1/26
5609-S2 AMS SHOR S5299.1

731 • Short

PULLED

Plain English: 5609-S2 AMS SHOR S5299.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 731 By Senator Short PULLED 02/17/2026 On page 3, after line 2, insert the following: 1 "(8) For the purposes of this section, "local government" does 2 not include frontier counties as defined in RCW 43.160.020."3 EFFECT: Excludes frontier counties from the ordinance requirement for local governments.

  • 5609-S2 AMS SHOR S5299.1 2SSB 5609 - S AMD TO S AMD (S-5282.1/26) 731 By Senator Short PULLED 02/17/2026 On page 3, after line 2, insert the following: 1 "(8) For the purposes of this section, "local government" does 2 not include frontier counties as defined in RCW 43.160.020."3 EFFECT: Excludes frontier counties from the ordinance requirement for local governments.
  • END --- Code Rev/AF:ajr 1 S-5299.1/26
5609 AMS KAUF S5338.1

735 • Kauffman

NOT CONSIDERED

Plain English: 5609 AMS KAUF S5338.1 SB 5609 - S AMD 735 By Senator Kauffman NOT CONSIDERED 03/12/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.

  • 5609 AMS KAUF S5338.1 SB 5609 - S AMD 735 By Senator Kauffman NOT CONSIDERED 03/12/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
  • Sec.
  • 1.
  • The legislature finds that preservation 3 of tribal cultural resources is a state interest that must be 4 considered alongside development.
5609 AMS LIIA S5346.1

736 • Liias

NOT CONSIDERED

Plain English: 5609 AMS LIIA S5346.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 736 By Senator Liias NOT CONSIDERED 03/12/2026 On page 2, line 37, after " (7)" insert " The requirements in this 1 section do not apply to project actions that propose to develop 2 residential or mixed-use development within a station area pursuant 3 to RCW 43.21C.229(5).4 (8)" 5 EFFECT: Exempts project actions related to residential or mixed- use development within a station area from the local ordinance requirements.

  • 5609 AMS LIIA S5346.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 736 By Senator Liias NOT CONSIDERED 03/12/2026 On page 2, line 37, after " (7)" insert " The requirements in this 1 section do not apply to project actions that propose to develop 2 residential or mixed-use development within a station area pursuant 3 to RCW 43.21C.229(5).4 (8)" 5 EFFECT: Exempts project actions related to residential or mixed- use development within a station area from the local ordinance requirements.
  • END --- Code Rev/AF:jlb 1 S-5346.1/26
5609 AMS CORA S5339.1

737 • Cortes

NOT CONSIDERED

Plain English: 5609 AMS CORA S5339.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 737 By Senator Cortes NOT CONSIDERED 03/12/2026 Beginning on page 1, line 3, strike all of sections 1 through 5 1 and insert the following: 2 "NEW SECTION.

  • 5609 AMS CORA S5339.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 737 By Senator Cortes NOT CONSIDERED 03/12/2026 Beginning on page 1, line 3, strike all of sections 1 through 5 1 and insert the following: 2 "NEW SECTION.
  • Sec.
  • 1.
  • (1) A task force to assess archaeological 3 and cultural resource protection and to make recommendations to the 4 legislature regarding state policies to protect archaeological and 5 cultural resources is established.6 (a) Membership of the task force shall be appointed by the 7 governor and must consist of: 8 (i) Representatives of federally recognized Indian tribes;9 (ii) A representative of the department of archaeology and 10 historic preservation; 11 (iii) Local government representatives; 12 (iv) A representative of the department of ecology;13 (v) A representative of the department of commerce;14 (vi) A representative of the development of market-rate housing;15 (vii) A representative of the development of affordable housing;16 (viii) A representative of a state association representing 17 cities; and 18 (ix) A representative of a state association representing 19 counties.
5609 AMS SHOR S5344.1

738 • Short

NOT CONSIDERED

Plain English: 5609 AMS SHOR S5344.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 738 By Senator Short NOT CONSIDERED 03/12/2026 On page 2, line 7, after "2," strike "2028" and insert "2031"1 EFFECT: Modifies the effective date of the local ordinance requirement for local governments to be July 1, 2031.

  • 5609 AMS SHOR S5344.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 738 By Senator Short NOT CONSIDERED 03/12/2026 On page 2, line 7, after "2," strike "2028" and insert "2031"1 EFFECT: Modifies the effective date of the local ordinance requirement for local governments to be July 1, 2031.
  • END --- Code Rev/AF:jlb 1 S-5344.1/26
5609 AMS SHOR S5342.1

739 • Short

NOT CONSIDERED

Plain English: 5609 AMS SHOR S5342.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 739 By Senator Short NOT CONSIDERED 03/12/2026 On page 3, after line 2, insert the following: 1 "(8) For the purposes of this section, "local government" does 2 not include frontier counties as defined in RCW 43.160.020."3 EFFECT: Excludes frontier counties from the ordinance requirement for local governments.

  • 5609 AMS SHOR S5342.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 739 By Senator Short NOT CONSIDERED 03/12/2026 On page 3, after line 2, insert the following: 1 "(8) For the purposes of this section, "local government" does 2 not include frontier counties as defined in RCW 43.160.020."3 EFFECT: Excludes frontier counties from the ordinance requirement for local governments.
  • END --- Code Rev/AF:jlb 1 S-5342.1/26
5609 AMS SHOR S5347.1

740 • Short

NOT CONSIDERED

Plain English: 5609 AMS SHOR S5347.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 740 By Senator Short NOT CONSIDERED 03/12/2026 On page 1, after line 11, insert the following:1 "NEW SECTION.

  • 5609 AMS SHOR S5347.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 740 By Senator Short NOT CONSIDERED 03/12/2026 On page 1, after line 11, insert the following:1 "NEW SECTION.
  • Sec.
  • 2.
  • (1) A task force to assess archaeological 2 and cultural resource protection and to make recommendations to the 3 legislature regarding state policies to protect archaeological and 4 cultural resources is established.5 (a) Membership of the task force shall be appointed by the 6 governor and must consist of: 7 (i) Representatives of federally recognized Indian tribes;8 (ii) A representative of the department of archaeology and 9 historic preservation; 10 (iii) Local government representatives; 11 (iv) A representative of the department of ecology;12 (v) A representative of the department of commerce;13 (vi) A representative of the development of market-rate housing;14 (vii) A representative of the development of affordable housing;15 (viii) A representative of a state association representing 16 cities; and 17 (ix) A representative of a state association representing 18 counties.
5609 AMS BATE S5345.1

741 • Bateman

NOT CONSIDERED

Plain English: 5609 AMS BATE S5345.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 741 By Senator Bateman NOT CONSIDERED 03/12/2026 On page 2, line 8, after " RCW" strike " 43.21C.229, 43.21C.240," 1 and insert "43.21C.240" 2 On page 2, at the beginning of line 35, strike " 43.21C.229, 3 43.21C.240," and insert "43.21C.240" 4 Beginning on page 3, line 3, strike all of section 35 Renumber the remaining sections consecutively and correct any 6 internal references accordingly.

  • 5609 AMS BATE S5345.1 SB 5609 - S AMD TO S AMD (S-5338.1/26) 741 By Senator Bateman NOT CONSIDERED 03/12/2026 On page 2, line 8, after " RCW" strike " 43.21C.229, 43.21C.240," 1 and insert "43.21C.240" 2 On page 2, at the beginning of line 35, strike " 43.21C.229, 3 43.21C.240," and insert "43.21C.240" 4 Beginning on page 3, line 3, strike all of section 35 Renumber the remaining sections consecutively and correct any 6 internal references accordingly.
  • 7 On page 10, line 25, after "43.21C.130," strike "43.21C.229,"8 EFFECT: Strikes the infill and housing development categorical exemption from the local ordinance requirements under the bill.
  • END --- Code Rev/AF:jlb 1 S-5345.1/26

Bill History

  1. 2026-02-26 Senate

    Senate Rules "X" file.

Official Summary Text

Cultural resources/land use

Current Bill Text

Read the full stored bill text 
AN ACT Relating to cultural resource protection for certain land 1
use activities that are categorically exempt from the state 2
environmental policy act; and adding a new section to chapter 43.21C 3
RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 43.21C 6
RCW to read as follows: 7
(1) Decisions listed in subsection (3) of this section are 8
subject to the requirements of RCW 43.21C.030(2)(c) pertaining to 9
cultural resources, unless the branch of government has:10
(a) A data-sharing agreement with the department of archaeology 11
and historic preservation; 12
(b) Either a local ordinance protecting archaeological and 13
historic properties or a cultural resource management plan approved 14
by the department of archaeology and historic preservation; and15
(c) A written consultation agreement approved by affected 16
federally recognized tribes. 17
(2) The department of archaeology and historic preservation shall 18
develop minimum standards that must be included in a local ordinance 19
protecting archaeological and historic properties under subsection 20
(1)(b) of this section. 21
S-1033.1
SENATE BILL 5609
State of Washington 69th Legislature 2025 Regular Session
By Senators Kauffman, Hasegawa, Lovelett, and Nobles
Read first time 01/31/25. Referred to Committee on Environment,
Energy & Technology.
p. 1 SB 5609
(3) This section applies to decisions pertaining to proposed 1
actions that are categorically exempt: 2
(a) Pursuant to RCW 43.21C.229; 3
(b) Pursuant to RCW 43.21C.240; 4
(c) As identified through rule making conducted pursuant to RCW 5
43.21C.110; and 6
(d) Pursuant to other statutes enacted or rules adopted 7
establishing a categorical exemption on or after the effective date 8
of this section. 9
--- END ---
p. 2 SB 5609