wa-law.org > bill > 2025-26 > HB 2627 > Original Bill
The legislature finds that Washington's bridges are aging and many are not in a state of good repair. There are 300 bridges over 80 years old providing access to communities throughout the state. The highway system links people to food, medical care, and the basic necessities of life. When a highway bridge is closed, it becomes a community emergency. The legislature declares that the maintenance, preservation, repair, and replacement of existing highway infrastructure is of paramount public importance. This act intends to facilitate the ability for state and local governments to keep highways and bridges in a state of good repair.
The repair or replacement of a bridge deemed structurally deficient as defined in RCW 47.04.010, is at least 80 years old, or is rated in fair condition or worse by the department of transportation or county engineer, is exempt from compliance with this chapter as long as the action occurs within the existing right-of-way, except that the repair or replacement may occur outside the existing right-of-way as needed to meet current engineering standards or state or local environmental permit requirements for highway construction as long as the repair or replacement does not result in additional lanes for automobiles. The issuance of applicable state and local agency permits or approvals associated with the repair or replacement of such bridges is also included in this exemption from compliance with this chapter.
(1) Whenever the department finds that as a consequence of accident, natural disaster, or other emergency, an existing state highway is in jeopardy or is rendered impassible in one or both directions and the department further finds that prompt reconstruction, repair, or other work is needed to preserve or restore the highway for public travel, or when the department is preparing to conduct the repair or replacement of a state bridge deemed structurally deficient, as defined in RCW 47.04.010, by the department, the department may obtain at least three written bids for the work without publishing a call for bids, and the secretary of transportation may award a contract forthwith to the lowest responsible bidder.
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In order to improve the safety, mobility, and accessibility of state highways, it is the intent of the legislature that the department must incorporate the principles of complete streets with facilities that provide street access with all users in mind, including pedestrians, bicyclists, and public transportation users, notwithstanding the provisions of RCW 47.24.020 concerning responsibility beyond the curb of state rights-of-way. As such, state transportation projects starting design on or after August 1, 2025, that are $1,000,000 or more, unless (b) of this subsection applies, must:
Identify those locations on state rights-of-way that do not have a complete and Americans with disabilities act accessible sidewalk or shared-use path, that do not have bicycle facilities in the form of a bike lane or adjacent parallel trail or shared-use path, that have such facilities on a state route within a population center that has a posted speed in excess of 30 miles per hour and no buffer or physical separation from vehicular traffic for pedestrians and bicyclists, and/or that have a design that hampers the ability of motorists to see a crossing pedestrian with sufficient time to stop given posted speed limits and roadway configuration;
Consult with local jurisdictions to confirm existing and planned active transportation connections along or across the location; identification of connections to existing and planned public transportation services, ferry landings, commuter and passenger rail, and airports; the existing and planned facility type(s) within the local jurisdiction that connect to the location; and the potential use of speed management techniques to minimize crash exposure and severity;
Adjust the speed limit to a lower speed with appropriate modifications to roadway design and operations to achieve the desired operating speed in those locations where this speed management approach aligns with local plans or ordinances, particularly in those contexts that present a higher possibility of serious injury or fatal crashes occurring based on land use context, observed crash data, crash potential, roadway characteristics that are likely to increase exposure, or a combination thereof, in keeping with a safe system approach and with the intention of ultimately eliminating serious and fatal crashes; and
Plan, design, and construct facilities providing context-sensitive solutions that contribute to network connectivity and safety for pedestrians, bicyclists, and people accessing public transportation and other modal connections, such facilities to include Americans with disabilities act accessible sidewalks or shared-use paths, bicyclist facilities, and crossings as needed to integrate the state route into the local network.
The department or local jurisdiction is not required to conduct the analysis or incorporate facilities for pedestrians, cyclists, or public transportation users as part of projects that are (i) replacing, preserving, or repairing existing pavement, asphalt, or concrete, (ii) in locations where such facilities do not currently exist, (iii) in locations where there are safety concerns if such facilities were added that are not easily addressed, or (iv) in locations where the additional cost to the project is unreasonable considering the project's goals and expected usage of the multimodal facilities.
Projects undertaken for emergent work required to reopen a state highway in the event of a natural disaster or other emergency repair are not required to comply with the provisions of this section.
Maintenance of facilities constructed under this provision shall be as provided under existing law.
This section does not create a private right of action.
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A state highway shall be constructed, altered, repaired, or improved, and improvements located on property acquired for right‑of‑way purposes may be repaired or renovated pending the use of such right‑of‑way for highway purposes, by contract or state forces. The work or portions thereof may be done by state forces when the estimated costs thereof are less than $50,000 and effective July 1, 2005, $60,000.
When delay of performance of such work would jeopardize a state highway or constitute a danger to the traveling public, the work may be done by state forces when the estimated cost thereof is less than $80,000 and effective July 1, 2005, $100,000.
When the department of transportation determines to do the work by state forces, it shall enter a statement upon its records to that effect, stating the reasons therefor.
To enable a larger number of small businesses and veteran, minority, and women contractors to effectively compete for department of transportation contracts, the department may adopt rules providing for bids and award of contracts for the performance of work, or furnishing equipment, materials, supplies, or operating services whenever any work is to be performed and the engineer's estimate indicates the cost of the work would not exceed $80,000 and effective July 1, 2005, $100,000.
The rules adopted under this section:
Shall provide for competitive bids to the extent that competitive sources are available except when delay of performance would jeopardize life or property or inconvenience the traveling public; and
Need not require the furnishing of a bid deposit nor a performance bond, but if a performance bond is not required then progress payments to the contractor may be required to be made based on submittal of paid invoices to substantiate proof that disbursements have been made to laborers, material suppliers, mechanics, and subcontractors from the previous partial payment; and
May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070, but the prequalification standards and procedures under RCW 47.28.070 shall always be sufficient.
Except as provided for in subsection (5) of this section, the department of transportation shall comply with such goals and rules as may be adopted by the office of minority and women's business enterprises to implement chapter 39.19 RCW with respect to contracts entered into under this chapter. The department may adopt such rules as may be necessary to comply with the rules adopted by the office of minority and women's business enterprises under chapter 39.19 RCW.
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Work for less than $100,000 may be performed on ferry vessels and terminals by state forces. During the 2025-2027 fiscal biennium, work for less than $400,000 may be performed on ferry vessels and terminals by state forces.
When the estimated cost of work to be performed on ferry vessels and terminals is between $100,000 and $200,000, or between $400,000 and $500,000 during the 2025-2027 fiscal biennium, the department shall contact, by mail or email, contractors that appear on the department's small works roster as created pursuant to procedures in chapter 39.04 RCW to do specific work the contractors are qualified to do to determine if any contractor is interested and capable of doing the work. If there is a response of interest within 72 hours, the small works roster procedures commence. If no qualified contractors respond with interest and availability to do the work, the department may use its regular contracting procedures. If the secretary determines that the work to be completed is an emergency, procedures governing emergencies apply.
The department shall hire a disinterested, third party to conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement projects. The analysis must include options that consider consolidating work while vessels are at shipyards by having state forces perform services traditionally performed at Eagle Harbor at the shipyard and decreasing the allowable time at shipyards. The analysis must also compare the out-of-service vessel times of performing services by state forces versus contracting out those services which in turn must be used to form a recommendation as to what the threshold of work performed on ferry vessels and terminals by state forces should be. This analysis must be presented to the transportation committees of the senate and house of representatives by December 1, 2010.
The department shall develop a proposed ferry vessel maintenance, preservation, and improvement program and present it to the transportation committees of the senate and house of representatives by December 1, 2010. The proposed program must:
Improve the basis for budgeting vessel maintenance, preservation, and improvement costs and for projecting those costs into a 16-year financial plan;
Limit the amount of planned out-of-service time to the greatest extent possible, including options associated with department staff as well as commercial shipyards; and
Be based on the service plan in the capital plan, recognizing that vessel preservation and improvement needs may vary by route.
In developing the proposed ferry vessel maintenance, preservation, and improvement program, the department shall consider the following, related to reducing vessel out-of-service time:
The costs compared to benefits of Eagle Harbor repair and maintenance facility operations options to include staffing costs and benefits in terms of reduced out-of-service time;
The maintenance requirements for on-vessel staff, including the benefits of a systemwide standard;
The costs compared to benefits of staff performing preservation or maintenance work, or both, while the vessel is underway, tied up between sailings, or not deployed;
A review of the department's vessel maintenance, preservation, and improvement program contracting process and contractual requirements;
The costs compared to benefits of allowing for increased costs associated with expedited delivery;
A method for comparing the anticipated out-of-service time of proposed projects and other projects planned during the same construction period;
Coordination with required United States coast guard dry dockings;
A method for comparing how proposed projects relate to the service requirements of the route on which the vessel normally operates; and
ix. A method for evaluating the ongoing maintenance and preservation costs associated with proposed improvement projects.
For projects maintaining, preserving, repairing, or replacing existing highways as defined in RCW 47.04.010 in counties with a population of less than 130,000 people, the department and local governments are encouraged to use available and qualified minority and veteran-owned business enterprises that are located in the county or adjacent counties to the location of the project rather than as directed in subsection (3) of this section.
The carbon emissions reduction account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account are intended to affect reductions in transportation sector carbon emissions through a variety of carbon reducing investments. These can include, but are not limited to: Transportation alternatives to single occupancy passenger vehicles; reductions in single occupancy passenger vehicle miles traveled; reductions in per mile emissions in vehicles, including through the funding of alternative fuel infrastructure and incentive programs; and emission reduction programs for freight transportation, including motor vehicles and rail, as well as for ferries and other maritime and port activities. Expenditures from the account may only be made for transportation carbon emission reducing purposes and may not be made for highway purposes authorized under the 18th Amendment of the Washington state Constitution, other than specified in this section, and shall be made in accordance with subsection (2) of this section. It is the legislature's intent that expenditures from the account used to reduce carbon emissions be made with the goal of achieving equity for communities that historically have been omitted or adversely impacted by past transportation policies and practices.
Appropriations in an omnibus transportation appropriations act from the carbon emissions reduction account shall be made exclusively to fund the following activities:
Active transportation;
Transit programs and projects;
Alternative fuel and electrification;
Ferries;
Rail; and
Painting, maintaining, repairing, or replacing highway bridges.
The department of transportation is directed to submit to the transportation committees of the legislature by January 1st every year a list of the department's top priority preservation and bridge replacement projects for the next six years with the expected project cost and time needed for the project.
The sum of $100,000,000 or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2027, from the carbon emissions reduction account to the department of transportation for the purposes of painting, maintaining, repairing, preserving, and replacing bridges.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.