wa-law.org > bill > 2025-26 > SB 5609 > Second Substitute
The legislature finds that preservation of tribal cultural resources is a state interest that must be considered alongside development. It further finds certain exemptions from the state environmental protection act were not intended to permit irreversible harm to cultural resources. This act restores balance by requiring review and consultation when tribal cultural resources may be affected, while maintaining pathways for development. It is the intent that projects move forward responsibly with informed local, state, and tribal planning.
If the requirements of subsection (2) of this section are satisfied, a county, city, or town reviewing a project action shall determine that the requirements for environmental analysis, protection, and mitigation measures in the county, 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 and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply. Rules adopted by the department according to RCW 43.21C.110 regarding project specific impacts that may not have been adequately addressed apply to any determination made under this section. In these situations, in which all adverse environmental impacts will be mitigated below the level of significance as a result of mitigation measures included by changing, clarifying, or conditioning 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.
A county, city, or town shall make the determination provided for in subsection (1) of this section if:
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;
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 3 of this act; and
The local government bases or conditions its approval on compliance with these requirements or mitigation measures.
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.
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:
The impacts have been avoided or otherwise mitigated; or
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.
In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the county, city, or town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.
Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.
This section shall apply only to a county, city, or town planning under RCW 36.70A.040.
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.
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). At a minimum, the model ordinance must:
Require that the local government has a mutually agreed upon information and data-sharing agreement with the department of archaeology and historic preservations that was developed in consultation with affected federally recognized Indian tribes; and
Require a written consultation agreement between the local government and affected federally recognized Indian tribes.
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.
Membership of the task force shall be appointed by the governor and must consist of:
Representatives of federally recognized Indian tribes;
A representative of the department of archaeology and historic preservation;
Local government representatives;
A representative of the department of ecology;
A representative of the department of commerce;
A representative of a state association representing cities; and
A representative of a state association representing counties.
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The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
The governor may appoint additional members as deemed necessary by the office of the governor.
The office of the governor must administer and provide staff support for the task force. The office of the governor may, when deemed necessary by the task force, retain consultants to provide data analysis, research, recommendations, training, and other services to the task force.
The task force shall review existing archaeological and cultural resource protections as they exist:
Under state law, including tribal participation in planning activities under RCW 36.70A.040, historic and cultural protection activities under RCW 90.58.100;
Administrative rules, including cultural resource protection under chapter 43.21C RCW; and
Protections that have been adopted by local governments.
The review must examine the scope and contents of current protections and identify any gaps.
The task force shall submit findings and recommendations to the legislature pursuant to RCW 43.01.036 by December 1, 2028.
This section expires December 1, 2029.