| Momentum Bucket | Strong Momentum |
| Legal Title | AN ACT Relating to establishing statewide standards for when local governments may enforce laws regulating the use of public space for life-sustaining activities; |
| Bill Description | Establishing statewide standards for when local governments may enforce laws regulating the use of public space for life-sustaining activities. |
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What this bill does
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The bill adds new statutory sections for cities and towns (chapter 35.21 RCW), code cities (chapter 35A.21 RCW), and counties (chapter 36.01 RCW) that limit when local laws may be enforced against people engaging in basic life-sustaining activities on public property. Before a city, code city, or county may enforce a law that criminalizes, penalizes, or otherwise prohibits such activities, the jurisdiction must be able to demonstrate that adequate alternative shelter space was available at the time and place of the conduct. The shelter-availability requirement does not apply where specific conduct at a specific time and place creates an imminent and articulable risk of serious harm or obstructs ingress/egress, emergency response, or required disability access; enforcement in those cases must be limited to addressing the identified risk or obstruction. The sections do not limit enforcement of criminal offenses under Title 9 or 9A RCW.
The new provisions create a procedural protection and defense rather than a new crime: citations, charges, or prosecutions made in violation of these sections are invalid and a person cited may assert as a defense that their conduct was a protected life-sustaining activity and that no adequate alternative shelter space existed; courts are directed to dismiss such actions upon a probable-cause showing for the defense. Individuals or organizations may seek injunctive or declaratory relief to challenge enforcement; prevailing plaintiffs are entitled to reasonable attorneys' fees and costs, plaintiffs are not liable for attorneys' fees, and defendants are liable for fees only if the action is found frivolous. The sections do not create a private right to monetary damages except as provided regarding attorneys' fees and costs.
The bill defines "adequate alternative shelter space" with specific accessibility, cost, nondiscrimination, continuity, and accommodation requirements (including accessibility for disabilities, accommodations for partners, family, pets, possessions, and examples such as tiny homes or drop-in overnight shelter spaces) and allows jurisdictions to count shelter capacity in other jurisdictions if an interlocal agreement provides access and transportation at no cost and meets other criteria. Jurisdictions may adopt policies for verifying shelter availability, coordination with providers, outreach before enforcement, notice and opportunity to relocate, and procedures for storing personal property. Important gaps remain in the provided text: the effective date for these sections is not included, portions of the code-city and county sections are truncated or missing, and the full text of the planned additions or any further sections beyond those summarized is not available in the extracted facts.
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Why it matters
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If enacted, cities, code cities, and counties would largely be prohibited from enforcing ordinances or rules that criminalize basic activities like sleeping, resting, eating, or protecting belongings on public property unless the jurisdiction can demonstrate that adequate, accessible, no-cost shelter space was actually available at the specific time and place. That change will limit routine removal or citation of people living outdoors, reserve enforcement for situations posing imminent danger or obstruction (and does not affect prosecution of crimes under Titles 9 or 9A), and gives people cited a clear defense and a pathway to ask courts to dismiss unlawful actions; prevailing challengers can recover reasonable attorneys’ fees and costs but cannot seek general monetary damages under these sections.
Practically, local governments and shelter providers will face new responsibilities and likely costs to verify, document, and expand shelter options that meet the bill’s detailed standards (accessibility, accommodation of disabilities, pets and family, minimal check-ins, continued availability, and location inside the jurisdiction or an interlocal partner), or to negotiate interlocal agreements that provide counted regional capacity and free transportation. The bill text available here omits the effective date and other portions of the code city and county sections, so timing and any additional requirements or limits in the missing text are unclear.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/02/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $7,307,893.50 |
| HOMELESS PERSONS |
| LOCAL GOVERNMENT |
| Hearing | House Housing (Public) |
| Hearing | House Housing (Executive) |