2025 Legislation Promotes the Development of Childcare Facilities

Last spring, we wrote a two-part blog series (see Part 1 and Part 2) on childcare facilities, outlining Washington State requirements and highlighting how some local governments have reduced barriers to the development of these facilities in their communities.

Since that time, new state bills have been enacted that require local governments to allow the development of more childcare (referred to as ‘child care’ in the legislation) facilities locally. This blog will highlight three such bills from the most recent legislative session: SB 5509, SB 5184, and SB 5655. The effective date for all three bills is July 27, 2025.

SB 5509 — Siting of Childcare Centers

To facilitate the development of childcare facilities in more places throughout the state, SB 5509 requires cities, towns, and code cities to allow childcare centers outright (permitted without special review and approval) in all zones except industrial zones, light industrial zones, and open space zones.

Cities and code cities can allow childcare centers in other zones, and they must provide for a conditional use approval of an on-site childcare center in industrial or light industrial zones, except in or around high-hazard facilities.

While the new requirements limit the ability of cities, code cities and towns to restrict where and how childcare centers are allowed, cities and code cities may impose reasonable restrictions on the permits for these facilities, including those related to pickup and drop-off areas to allow for safe and efficient flow in and out of the site.

Cities and code cities planning under the Growth Management Act (GMA) and which are required to submit their next comprehensive plan update by June 20, 2027, must incorporate these requirements into their development regulations by ordinance with their next plan update. All other cities must implement this requirement by July 27, 2027. The bill’s fiscal note provides the Washington State Department of Commerce with funds to develop guidance for cities and counties on the implementation of this new legislation, likely to be published in about a year.

There are recent precedents at the city and county level for these changes. As discussed in Part 2 of our series on reducing barriers for childcare facilities, Seattle has allowed for childcare centers and family home providers in nearly all zones since 2020. Similarly, in January 2025, Lakewood amended its comprehensive plan to allow childcare centers in most commercial zones and in residential zones for buildings of assembly. 

SB 5184 — Minimum Parking Standards

Most cities are overparked, meaning they have more parking spaces than people. Costs to build parking are usually passed along to tenants, homeowners, and businesses, like childcare facilities. A recent financial pro-forma (see Middle Housing Pro Forma: Puget Sound Region) developed with residential development data in the Puget Sound demonstrates that both developers and residents benefit from a reduction in parking requirements.

Recognizing the many benefits of parking deregulation, in 2024 the legislature passed SB 6015, the state’s first standalone parking bill, which provides flexibility for parking configurations (see MRSC’s Parking Regulations webpage for more state requirements and local examples).

Building on this landmark legislation, the legislature passed another parking bill this year, SB 5184. This time, the bill is aimed at minimum parking standards required by counties, towns, and cities fully planning under the GMA.

The new legislation limits how much parking local governments can require for certain residential uses and commercial spaces, including childcare facilities. Local governments can no longer require a minimum number of parking spaces for childcare centers (as defined in RCW 43.216.010) that are licensed or certified by the Washington State Department of Children, Youth, & Families.

This bill does not affect family home-based childcare providers. For these home-based facilities, many cities require a space for non-resident staff and choose not to require additional on-site parking.

Cities and counties with a population between 30,000 and 50,000 must implement the requirements by July 27, 2028, and cities and counties with a population of 50,000 or greater must do so by January 27, 2027.

The bill includes several exceptions, including for accessible parking spaces and local governments with a population of 30,000 or less.

SB 5655 — Childcare Centers in Existing Buildings

In developing the requirements for SB 5655, the legislature noted:

(T)here is a need for more child care services for working people. There is a public benefit when communities can use existing buildings rather than permitting new buildings to be built on open land.

As such, the bill clarified statutes so that building owners, including those of religious facilities, would be more likely to convert existing spaces for childcare facilities. It does this by requiring building officials to calculate the occupancy load of a childcare center based only on the areas in the building where the childcare services are provided, rather than the square footage of the entire building.

According to Lakewood’s building official, the city already calculates the occupancy load for childcare programs based on the area within the larger building where childcare services are provided, and it’s likely that many other cities do so as well. SB 5655, however, offers clarity to the Washington State Building Code Council (SBCC) and directs local governments to implement this standard of measurement as they are reviewing building permits for childcare facilities in existing buildings.

This new legislation builds on Pierce County’s recent amendments to their comprehensive plan, which adds policy language to support childcare facilities in rural areas. Specifically, it allows civic uses (like childcare) within existing civic buildings in rural areas (e.g., churches, park buildings, community centers, etc.).

The bill adds a new section to RCW 19.27: State Building Code. The fiscal note from the Washington State Department of Enterprise Services indicates this will require an off-cycle rule change for SBCC.

Conclusion

This blog covered three important bills that impact the ability to build more childcare facilities in communities across the state. While strategies like easing zoning restrictions, reducing parking, and removing building code barriers open the door to development of more childcare facilities, local governments can implement additional strategies, like those outlined in Reducing Barriers for Childcare Facilities, Part 2.

As is standard practice with any new legislation, we encourage you to review these new bills in detail with your agency’s attorney as you develop code amendments and associated ordinances to address them.