Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                      SUBSTITUTE SENATE BILL 5934
                       Chapter 337, Laws of 2024
                               68th Legislature
                             2024 Regular Session
               POLLINATOR HABITATS—VARIOUS PROVISIONS
                      EFFECTIVE DATE: June 6, 2024
Passed by the Senate March 5, 2024                   CERTIFICATE
  Yeas 49 Nays 0
                                       I, Sarah Bannister, Secretary of
                                       the   Senate   of   the   State  of
              DENNY HECK               Washington, do hereby certify that
President of the Senate                the attached is SUBSTITUTE SENATE
                                       BILL 5934 as passed by the Senate
                                       and the House of Representatives on
                                       the dates hereon set forth.
Passed by the House March 1, 2024
  Yeas 96 Nays 0
                                                 SARAH BANNISTER
            LAURIE JINKINS                                           Secretary
Speaker of the House of
Representatives
Approved March 28, 2024 2:19 PM                         FILED
                                                    March 29, 2024
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                           SUBSTITUTE SENATE BILL 5934
                             AS AMENDED BY THE HOUSE
                   Passed Legislature - 2024 Regular Session
     State of Washington         68th Legislature        2024 Regular Session
     By Senate Local Government, Land Use & Tribal Affairs (originally
     sponsored by Senators Padden, Van De Wege, Dhingra, Liias, Salomon,
     and Warnick)
     READ FIRST TIME 01/31/24.
      AN ACT Relating to pollinator habitat; amending RCW 64.38.057 and
  64.90.512; adding a new section to chapter 35.63 RCW; adding a new
  section to chapter 35A.63 RCW; and adding a new section to chapter
  36.70 RCW.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.   Sec. 1.   A new section is added to chapter 35.63
 RCW to read as follows:
     (1) A city may encourage an applicant of a project permit or
 commercial building permit to include pollinator friendly plants in
 any landscaped area to the extent practicable by:
     (a) Providing the list of native forage plants as developed by
 the department of agriculture in compliance with RCW 39.04.410 to
 applicants for project permits;
     (b) Providing information regarding the benefits of pollinators
 and pollinator habitat; and
     (c) Offering incentives, including expedited processing or
 reduced application fees, for permit applicants that include
 pollinator habitat as part of the permit application.
     (2) A city may set restrictions related to beehives, but may not
 adopt an ordinance banning beehives.
     (3) For the purposes of this section:
                                       p. 1                       SSB 5934.SL
      (a) "Commercial building permit" has the same meaning as defined
  in RCW 19.27.015.
      (b) "Pollinator habitat" means an area of land that is or may be
  developed as habitat beneficial for the feeding, nesting, and
  reproduction of all pollinators. "Pollinator habitat" does not
  include beehives, except for mason bee houses.
      (c) "Project permit" has the same meaning as defined in RCW
  36.70B.020.
     NEW SECTION. Sec. 2. A new section is added to chapter 35A.63
 RCW to read as follows:
     (1) A code city may encourage an applicant of a project permit or
 commercial building permit to include pollinator friendly plants in
 any landscaped area to the extent practicable by:
     (a) Providing the list of native forage plants as developed by
 the department of agriculture in compliance with RCW 39.04.410 to
 applicants for project permits;
     (b) Providing information regarding the benefits of pollinators
 and pollinator habitat; and
     (c) Offering incentives, including expedited processing or
 reduced application fees, for permit applicants that include
 pollinator habitat as part of the permit application.
     (2) A code city may set restrictions related to beehives, but may
 not adopt an ordinance banning beehives.
     (3) For the purposes of this section:
     (a) "Commercial building permit" has the same meaning as defined
 in RCW 19.27.015.
     (b) "Pollinator habitat" means an area of land that is or may be
 developed as habitat beneficial for the feeding, nesting, and
 reproduction of all pollinators. "Pollinator habitat" does not
 include beehives, except for mason bee houses.
     (c) "Project permit" has the same meaning as defined in RCW
 36.70B.020.
     NEW SECTION.   Sec. 3.   A new section is added to chapter 36.70
 RCW to read as follows:
     (1) A county may encourage an applicant of a project permit or
 commercial building permit to include pollinator friendly plants in
 any landscaped area to the extent practicable by:
                                     p. 2                      SSB 5934.SL
     (a) Providing the list of native forage plants as developed by
 the department of agriculture in compliance with RCW 39.04.410 to
 applicants for project permits;
     (b) Providing information regarding the benefits of pollinators
 and pollinator habitat; and
     (c) Offering incentives, including expedited processing or
 reduced application fees, for permit applicants that include
 pollinator habitat as part of the permit application.
     (2) A county may set restrictions related to beehives, but may
 not adopt an ordinance banning beehives.
     (3) For the purposes of this section:
     (a) "Commercial building permit" has the same meaning as defined
 in RCW 19.27.015.
     (b) "Pollinator habitat" means an area of land that is or may be
 developed as habitat beneficial for the feeding, nesting, and
 reproduction of all pollinators. "Pollinator habitat" does not
 include beehives, except for mason bee houses.
     (c) "Project   permit"   has   the   same   meaning   as   defined   in   RCW
 36.70B.020.
     Sec. 4. RCW 64.38.057 and 2020 c 9 s 2 are each amended to read
 as follows:
     (1) The governing documents may not prohibit the installation of
 drought resistant landscaping, pollinator habitat, including beehives
 compliant with local regulation, or wildfire ignition resistant
 landscaping. However, the governing documents may include reasonable
 rules regarding the placement and aesthetic appearance of drought
 resistant landscaping, pollinator habitat, or wildfire ignition
 resistant landscaping, as long as the rules do not render the use of
 drought resistant landscaping, pollinator habitat, or wildfire
 ignition resistant landscaping unreasonably costly or otherwise
 effectively infeasible.
     (2) If a property is located within the geographic designation of
 an order of a drought condition issued by the department of ecology
 under RCW 43.83B.405, an association may not sanction or impose a
 fine or assessment against an owner, or resident on the owner's
 property, for reducing or eliminating the watering of vegetation or
 lawns for the duration of the drought condition order.
                                         p. 3                           SSB 5934.SL
     (3) Nothing in this section may be construed to prohibit or
 restrict the establishment and maintenance of a fire buffer within
 the building ignition zone.
     (4) The definitions in this subsection apply throughout this
 section unless the context clearly requires otherwise.
     (a) "Building ignition zone" means a building and surrounding
 area up to two hundred feet from the foundation.
     (b) "Drought resistant landscaping" means the use of any
 noninvasive vegetation adapted to arid or dry conditions, stone, or
 landscaping rock.
     (c) "Firewise" means the firewise communities program developed
 by the national fire protection association, which encourages local
 solutions for wildfire safety by involving homeowners, community
 leaders, planners, developers, firefighters, and others in the effort
 to protect people and property from wildfire risks.
     (d) "Pollinator habitat" means an area of land that is or may be
 developed as habitat beneficial for the feeding, nesting, and
 reproduction of all pollinators. "Pollinator habitat" does not
 include beehives, except for mason bee houses.
     (e) "Wildfire ignition resistant landscaping" includes:
     (i)   Any  landscaping   tools  or   techniques,  or   noninvasive
 vegetation, that do not readily ignite from a flame or other ignition
 source; or
     (ii) The use of firewise methods to reduce ignition risk in a
 building ignition zone.
     Sec. 5. RCW 64.90.512 and 2020 c 9 s 4 are each amended to read
 as follows:
     (1)(a) The declaration of a common interest ownership and any
 governing documents adopted by an association may not prohibit the
 installation of drought resistant landscaping, pollinator habitat,
 including beehives compliant with local regulation, or wildfire
 ignition resistant landscaping. However, the declaration or governing
 documents may include reasonable rules regarding the placement and
 aesthetic appearance of drought resistant landscaping, pollinator
 habitat, or wildfire ignition resistant landscaping, as long as the
 rules do not render the use of drought resistant landscaping,
 pollinator habitat, or wildfire ignition resistant landscaping
 unreasonably costly or otherwise effectively infeasible.
     (b) This subsection does not apply to condominium associations.
                                     p. 4                      SSB 5934.SL
     (2) If a property is located within the geographic designation of
 an order of a drought condition issued by the department of ecology
 under RCW 43.83B.405, an association may not impose a fine or
 assessment against an owner, or resident on the owner's property, for
 reducing or eliminating the watering of vegetation or lawns for the
 duration of the drought condition order.
     (3) Nothing in this section may be construed to prohibit or
 restrict the establishment and maintenance of a fire buffer within
 the building ignition zone.
     (4) The definitions in this subsection apply throughout this
 section unless the context clearly requires otherwise.
     (a) "Building ignition zone" means a building and surrounding
 area up to two hundred feet from the foundation.
     (b) "Drought resistant landscaping" means the use of any
 noninvasive vegetation adapted to arid or dry conditions, stone, or
 landscaping rock.
     (c) "Firewise" means the firewise communities program developed
 by the national fire protection association, which encourages local
 solutions for wildfire safety by involving homeowners, community
 leaders, planners, developers, firefighters, and others in the effort
 to protect people and property from wildfire risks.
     (d) "Pollinator habitat" means an area of land that is or may be
 developed as habitat beneficial for the feeding, nesting, and
 reproduction of all pollinators. "Pollinator habitat" does not
 include beehives, except for mason bee houses.
     (e) "Wildfire ignition resistant landscaping" includes:
     (i)   Any  landscaping   tools  or   techniques,  or   noninvasive
 vegetation, that do not readily ignite from a flame or other ignition
 source; or
     (ii) The use of firewise methods to reduce ignition risk in a
 building ignition zone.
          Passed by the Senate March 5, 2024.
          Passed by the House March 1, 2024.
          Approved by the Governor March 28, 2024.
          Filed in Office of Secretary of State March 29, 2024.
                                  --- END ---
                                     p. 5                         SSB 5934.SL
Statutes affected: 
Substitute Bill: 36.70B.020, 64.90.512
Bill as Passed Legislature: 36.70B.020, 64.90.512
Session Law: 36.70B.020, 64.90.512