S-4674.1
SUBSTITUTE SENATE BILL 5609
State of Washington
69th Legislature
2026 Regular Session
By Senate Environment, Energy & Technology (originally sponsored by Senators Kauffman, Hasegawa, Lovelett, and Nobles)
READ FIRST TIME 02/04/26.
AN ACT Relating to cultural resource protection for certain land use activities that are categorically exempt from the state environmental policy act; amending RCW 43.21C.240 ; adding a new section to chapter 36.70A RCW; creating a new section; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.21C.240 and 2003 c 298 s 2 are each amended to read as follows:
(1) 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.