Complete streets obligations

AN ACT Relating to reducing the requirements of complete streets 1
obligations for transportation projects; and amending RCW 47.04.035.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 47.04.035 and 2022 c 182 s 418 are each amended to 4
read as follows: 5
(1) In order to improve the safety, mobility, and accessibility 6
of state highways, it is the intent of the legislature that the 7
department must incorporate the principles of complete streets with 8
facilities that provide street access with all users in mind, 9
including pedestrians, bicyclists, and public transportation users, 10
notwithstanding the provisions of RCW 47.24.020 concerning 11
responsibility beyond the curb of state rights-of-way. As such, state 12
transportation construction projects, excluding chip seal, repairs, 13
maintenance, or repaving projects, starting design on or after July 14
1, 2022, and that are $500,000 or more, must: 15
(a) Identify those locations on state rights-of-way that do not 16
have a complete and Americans with disabilities act accessible 17
sidewalk or shared-use path, that do not have bicycle facilities in 18
the form of a bike lane or adjacent parallel trail or shared-use 19
path, that have such facilities on a state route within a population 20
center that has a posted speed in excess of 30 miles per hour and no 21
H-0070.1
HOUSE BILL 1405
State of Washington 69th Legislature 2025 Regular Session
By Representatives Walsh and Ley
Read first time 01/20/25. Referred to Committee on Transportation.
p. 1 HB 1405
buffer or physical separation from vehicular traffic for pedestrians 1
and bicyclists, and/or that have a design that hampers the ability of 2
motorists to see a crossing pedestrian with sufficient time to stop 3
given posted speed limits and roadway configuration;4
(b) Consult with local jurisdictions to confirm existing and 5
planned active transportation connections along or across the 6
location; identification of connections to existing and planned 7
public transportation services, ferry landings, commuter and 8
passenger rail, and airports; the existing and planned facility 9
type(s) within the local jurisdiction that connect to the location; 10
and the potential use of speed management techniques to minimize 11
crash exposure and severity; 12
(c) Adjust the speed limit to a lower speed with appropriate 13
modifications to roadway design and operations to achieve the desired 14
operating speed in those locations where this speed management 15
approach aligns with local plans or ordinances, particularly in those 16
contexts that present a higher possibility of serious injury or fatal 17
crashes occurring based on land use context, observed crash data, 18
crash potential, roadway characteristics that are likely to increase 19
exposure, or a combination thereof, in keeping with a safe system 20
approach and with the intention of ultimately eliminating serious and 21
fatal crashes; and 22
(d) Plan, design, and construct facilities providing context-23
sensitive solutions that contribute to network connectivity and 24
safety for pedestrians, bicyclists, and people accessing public 25
transportation and other modal connections, such facilities to 26
include Americans with disabilities act accessible sidewalks or 27
shared-use paths, bicyclist facilities, and crossings as needed to 28
integrate the state route into the local network. 29
(2)(a) Projects ((undertaken for emergent work required to reopen 30
a state highway in the event of a natural disaster or other emergency 31
repair)) that are not required to comply with the provisions of this 32
section:33
(i) Work required to reopen a state highway in the event of a 34
natural disaster, weather event, obstructions to travel, or other 35
emergency repair;36
(ii) Work to keep the system in a state of good repair that does 37
not require expansion of the roadway, including chip sealing and 38
pavement replacement projects.39
p. 2 HB 1405
(b) This subsection does not prohibit the department from 1
selecting appropriate complete streets modifications for facilities 2
as part of any of the projects in (a)(i) and (ii) of this subsection.3
(3) Maintenance of facilities constructed under this provision 4
shall be as provided under existing law. 5
(4) This section does not create a private right of action.6
(5) The department is not required to conduct the analysis or 7
incorporate facilities for pedestrians, bicyclists, or public 8
transportation users in projects where such facilities do not 9
currently exist for justifiable reasons, where there are safety 10
concerns if such facilities were added that are not easily addressed, 11
or where the additional cost to the project is unreasonable 12
considering the project's goals and expected usage of the facility.13
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p. 3 HB 1405