wa-law.org > bill > 2025-26 > SB 5581 > Original Bill
It is the intent of the legislature to support a complete and comprehensive active transportation network, including shared-use paths and other appropriate facilities that cross jurisdictional boundaries, to promote safety, health and welfare, economic vitality, social connection, and environmental benefits for all Washingtonians. This declaration supports the transportation system policy goals in RCW 47.04.280, vehicle miles traveled reduction goals in RCW 47.01.440, greenhouse gas emissions reduction goals in RCW 70A.45.020, and other statewide policy goals. The department of transportation may expend reasonable amounts made available from funds received under RCW 46.68.090 as necessary for the planning, design, construction, operation, and maintenance of active transportation facilities.
No limited access highway shall be constructed that will result in the severance or destruction of an existing recreational trail for pedestrians, equestrians, or bicyclists, or shared-use path as defined in RCW 47.04.010, unless an alternative recreational trail or shared-use path, satisfactory to the authority having jurisdiction over the trail or shared-use path being severed or destroyed, either exists or is reestablished at the time the limited access highway is constructed. If a proposed limited access highway will sever a planned recreational trail or shared-use path, which is part of an active transportation or trails plan adopted by a state or local governmental authority, and no alternative route for the planned trail or shared-use path exists, which is satisfactory to the authority which adopted the plan , the state or local agency proposing to construct the limited access highway shall design the facility and acquire sufficient right-of-way to accommodate future construction of the portion of the trail or shared-use path, which will properly lie within the highway right-of-way. Thereafter when such trail or shared-use path is developed and constructed by the authority having jurisdiction over the trail or shared-use path, the state or local agency that constructed the limited access highway shall develop and construct the portion of such trail or shared-use path lying within the right-of-way of the limited access highway.
Where a highway other than a limited access highway crosses a recreational trail or shared-use path for pedestrians, equestrians, or bicyclists, signing and consideration for use of traffic control devices sufficient to promote safety shall be provided.
Where the construction or reconstruction of a highway other than a limited access highway would destroy the usefulness of an existing recreational trail or shared-use path for pedestrians, equestrians, or bicyclists or of a planned recreational trail or shared-use path for pedestrians, equestrians, or bicyclists incorporated into the adopted plans for trails or active transportation of the state or any of its political subdivisions, replacement land, space, or facilities shall be provided and where such recreational trails or shared-use paths exist at the time of taking, reconstruction of said recreational trails or shared-use paths shall be undertaken.
Facilities for pedestrians, equestrians, or bicyclists shall be incorporated into the design of highways and freeways along corridors where such facilities do not exist upon a finding that such facilities would be of joint use and conform to the adopted plans of public agencies for the development of such facilities, will provide connections to existing or proposed routes, and that safety to both motorists and to pedestrians, equestrians, and bicyclists would be enhanced by the segregation of traffic.
In planning and design of all highways, every effort shall be made consistent with safety to promote joint usage of rights-of-way for trails and paths in accordance with the adopted plans of public agencies.
Where an existing highway severs, or where the right-of-way of an existing highway accommodates a trail or shared-use path for pedestrians, equestrians, or bicyclists or where the separation of motor vehicle traffic from pedestrians, equestrians, or bicyclists will materially increase the safety of users of all modes of travel, the provision of facilities for pedestrians, equestrians, or bicyclists, which are a part of a trail or active transportation plan adopted by federal, state, or local governmental authority having jurisdiction over the trail or shared-use path is hereby authorized. The department of transportation, or the county or city having jurisdiction over the highway, road, or street, or facility is further authorized to expend reasonable amounts out of the funds made available to them, according to the provisions of RCW 46.68.090, as necessary for the planning, accommodation, establishment, and maintenance of such facilities.
Before establishing shared-use paths and trails, the following factors shall be considered:
2.
Inclusion of the trail or shared-use path in a trail or active transportation plan adopted by a federal, state, or local government authority having jurisdiction over the trail or shared-use path.
"Roundabout" means an intersection of two or more joining highways that is characterized by a one-way traffic pattern that travels counterclockwise around a central island in accordance with RCW 46.61.135 and in which traffic entering the intersection must yield to circulating traffic within the intersection as indicated by official traffic control devices. A roundabout, including the central island, circulating traffic pattern, and all connections to joining highways, is a single intersection of all joining highways.
"Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk.
In the context of a roundabout, and except as modified by a marked crosswalk, "crosswalk" means the following portion of the roadway:
Where an opening in a raised median is present, the portion of the highway between two lines perpendicular to the center line of the highway at the nearest and farthest edges of the opening, not to exceed a distance of 50 feet from the intersection area; or
In the absence of an opening in a raised median, or if no raised median is present, the portion of the roadway between a line perpendicular to the center line of the highway located 20 feet from the outermost point of the intersection area where it intersects the center line of the highway and a line 10 feet therefrom.
"Intersection area" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none then the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. In the context of a roundabout, "intersection area" means the area embraced within the prolongation or connection along a circular arc of the outer curb lines within the roundabout, or, if there are no outer curb lines, the outer boundary lines of the one-way traffic lane or lanes that pass around the central island.
Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
The junction of an alley with a street or highway shall not constitute an intersection.
The following words and phrases, wherever used in this title, shall have the meaning as in this section ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part:
The state department of transportation and the local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices.
Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.
A vehicle passing around a roundabout or rotary traffic island shall be driven only to the right of such island.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
Upon a roadway, which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.
Official traffic-control devices may be erected directing slow moving or other specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.
Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
Pursuant to subsection (1) of this section, the operator of a commercial motor vehicle as defined in RCW 46.25.010 may, with due regard for all other traffic, deviate from the lane in which the operator is driving to the extent necessary to approach and drive through a roundabout.
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 July 1, 2022, and that are $500,000 or more, 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; any existing or planned active transportation facilities on local routes that provide access to the same destinations as the state route; 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;
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; and
Identify any existing or planned active transportation facility on publicly owned or tribally owned property. If the department determines that such facility will provide equivalent or better access to the same destinations, the department may, subject to a cooperative agreement with the jurisdiction or tribe having responsibility for that facility, identify that facility as an appropriate active transportation network connection providing mitigation in lieu of fulfillment of the complete streets requirement on state rights-of-way. The following conditions must apply for such an agreement to be considered:
The facility is identified in an adopted local or tribal active transportation plan, trails plan, or other relevant plan, or community engagement specific to the corridor is undertaken that engages users of the facility most directly impacted by the decisions and that provides the basis for a future update to the local plan;
The facility considered as an alternative must meet or exceed the department's standards for design in compliance with this section;
The jurisdiction or tribe having responsibility for the facility ensures the real property is free of encumbrances, including utilities; and
The facility must provide equivalent or better safety improvements in decreasing the exposure, likelihood, and severity of crashes involving vulnerable road users.
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If the cost of financial participation in construction or improvements needed to meet the requirements of subsection (1)(e)(ii) of this section is deemed reasonable by the department, and if use of state funds does not supplant programmed funding previously committed to the project, the department may use funds for the complete streets project to participate in the project on the local or tribal system and to construct and provide necessary wayfinding connections from the state highway to the local or tribal facility. Upon completion of the project, any improvements are the ongoing responsibility of the local jurisdiction or tribe, which is responsible for maintaining the quality of facilities identified in the agreement under subsection (1)(e) of this section.
The department may exercise the discretion provided under this section only in circumstances where: Available state rights-of-way do not reasonably permit construction of an adequate facility; an appropriate facility exists or may be constructed within a local jurisdiction or tribal lands within a timely manner; completion of or connection to the local or tribal facility provides active transportation connectivity sooner than completion of the state highway project under consideration; or the local jurisdiction or tribe has proposed such improvements as an alternative.
Nothing in this section prevents the department from considering future improvements within state rights-of-way in the project vicinity.
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.
The department may expend reasonable amounts made available from funds received under RCW 46.68.090 as necessary for the planning, design, construction, operation, and maintenance of active transportation facilities under this section. This may include consideration of participation in local agency or tribal projects involving state rights-of-way to satisfy complete streets design requirements, subject to a cooperative agreement as described in subsection (1)(e) of this section.
This section does not create a private right of action.
For purposes of this section, "tribe" or "tribal" means and refers to Indian tribe as defined in RCW 43.376.010.
Concurrent with the federal safe, accountable, flexible, efficient transportation equity act of 2005, a safe routes to school program is established within the department. The purpose of the program is to:
Enable and encourage children, including those with disabilities, to walk and bicycle to school;
Make bicycling and walking to school a safer and more appealing transportation alternative, encouraging a healthy and active lifestyle from an early age; and
Facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.
The department may require recipients of funds under the safe routes to school program to comply with the complete streets requirements in RCW 47.04.035 for changes on state rights-of-way.
The legislature finds that many communities across Washington state have not equitably benefited from investments in the active transportation network. The legislature also finds that legacy state transportation facilities designed primarily for vehicle use caused disconnections in safe routes for people who walk, bike, and roll to work and to carry out other daily activities.
To address these investment gaps, and to honor the legacy of community advocacy of Sandy Williams, the Sandy Williams connecting communities program is established within the department. The purpose of the program is to improve active transportation connectivity in communities by:
Providing safe, continuous routes for pedestrians, bicyclists, and other nonvehicle users carrying out their daily activities;
Mitigating for the health, safety, and access impacts of transportation infrastructure that bisects communities and creates obstacles in the local active transportation network;
Investing in greenways providing protected routes for a wide variety of nonvehicular users; and
Facilitating the planning, development, and implementation of projects and activities that will improve the connectivity and safety of the active transportation network.
The department must select projects to propose to the legislature for funding. In selecting projects, the department must consider, at a minimum, the following criteria:
Access to a transit facility, community facility, commercial center, or community-identified assets;
The use of minority and women-owned businesses and community-based organizations in planning, community engagement, design, and construction of the project;
Whether the project will serve:
Overburdened communities as defined in RCW 70A.02.010 to mean a geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is not limited to, highly impacted communities as defined in RCW 19.405.020;
Vulnerable populations as defined in RCW 70A.02.010 to mean population groups that are more likely to be at higher risk for poor health outcomes in response to environmental harms, due to adverse socioeconomic factors, such as unemployment, high housing, and transportation costs relative to income, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that negatively affect health outcomes and increase vulnerability to the effects of environmental harms; and sensitivity factors, such as low birth weight and higher rates of hospitalization. Vulnerable populations include, but are not limited to: Racial or ethnic minorities, low-income populations, populations disproportionately impacted by environmental harms, and populations of workers experiencing environmental harms;
Household incomes at or below 200 percent of the federal poverty level; and
People with disabilities;
Environmental health disparities, such as those indicated by the diesel pollution burden portion of the Washington environmental health disparities map developed by the department of health, or other similar indicators;
Location on or adjacent to tribal lands or locations providing essential services to tribal members;
Crash experience involving pedestrians and bicyclists; and
Identified need by the community, for example in the state active transportation plan or a regional, county, or community plan.
It is the intent of the legislature that the Sandy Williams connecting communities program comply with the requirements of chapter 314, Laws of 2021.
The department may require recipients of funds under the Sandy Williams connecting communities program to comply with the complete streets requirements in RCW 47.04.035 for changes on state rights-of-way.
The department shall submit a report to the transportation committees of the legislature by December 1, 2022, and each December 1st thereafter identifying the selected connecting communities projects for funding by the legislature. The report must also include the status of previously funded projects.
The department shall create a bicyclist and pedestrian grant program to improve pedestrian and bicyclist safety and mobility and increase active transportation trips.
Project types may include, but are not limited to, bicycle facilities such as buffered bike lanes, pedestrian facilities such as sidewalks, crossing improvements for people who walk and roll, and speed management.
The department may require recipients of funds under the bicyclist and pedestrian grant program to comply with the complete streets requirements in RCW 47.04.035 for changes on state rights-of-way.
The department shall report on an annual basis the status of projects funded as part of the bicyclist and pedestrian grant and safe routes to school grant programs. The report must include, but is not limited to, a list of projects selected and a brief description of each project's status.