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AN ACT Relating to emergency replacement of failed infrastructure 1
on state route number 165; amending RCW 70A.65.260; adding a new 2
section to chapter 47.20 RCW; and declaring an emergency.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 47.20 5
RCW to read as follows: 6
(1) The legislature declares the failure of the Fairfax bridge 7
and its permanent closure on April 22, 2025, created an emergency 8
that requires immediate attention. 9
(2) The department is directed to restore access via state route 10
number 165 across the Carbon river as soon as possible.11
(3) The secretary is granted emergency authority to expedite the 12
process of planning and construction of the replacement of the 13
Fairfax bridge on state route number 165 that includes the ability to 14
waive or suspend statutory obligations or limitations in the 15
following areas: 16
(a) Liability for participation in interlocal agreements;17
(b) Inspection fees owed to the department of labor and 18
industries; 19
(c) Regulations, tariffs, and notice requirements under the 20
jurisdiction of the utilities and transportation commission;21
H-2561.1
HOUSE BILL 2149
State of Washington 69th Legislature 2026 Regular Session
By Representatives Barkis, Penner, Stokesbary, Leavitt, Schmidt,
Klicker, Jacobsen, McEntire, Dent, Graham, and Marshall
Prefiled 12/16/25. Read first time 01/12/26. Referred to Committee
on Transportation.
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(d) Application of tax due dates and penalties relating to 1
collection of taxes; and 2
(e) Such other statutory and regulatory obligations or 3
limitations prescribing the procedures for conduct of state business, 4
or the orders, rules, or regulations of any state agency if strict 5
compliance with the provision of any statute, order, rule, or 6
regulation would in any way prevent, hinder, or delay necessary 7
action in coping with the emergency, unless (i) the waiver or 8
suspension would conflict with federal requirements that are a 9
prescribed condition to the allocation of federal funds to the state, 10
or (ii) the waiver or suspension would conflict with the rights, 11
under the First Amendment, of freedom of speech or of the people to 12
peaceably assemble. 13
(4) The secretary shall give as much notice as practical to the 14
governor, legislative leadership of the transportation committees, 15
and impacted local governments when issuing orders under this 16
section. 17
(5) Activities and projects performed to implement this section 18
are not subject to any of the provisions of Executive Order 25-07.19
Sec. 2. RCW 70A.65.260 and 2025 c 424 s 974 are each amended to 20
read as follows: 21
(1) The climate commitment account is created in the state 22
treasury. The account must receive moneys distributed to the account 23
from the climate investment account created in RCW 70A.65.250. Moneys 24
in the account may be spent only after appropriation. Projects, 25
activities, and programs eligible for funding from the account must 26
be physically located in Washington state and include, but are not 27
limited to, the following: 28
(a) Implementing the working families' tax credit in RCW 29
82.08.0206; 30
(b) Supplementing the growth management planning and 31
environmental review fund established in RCW 36.70A.490 for the 32
purpose of making grants or loans to local governments for the 33
purposes set forth in RCW 43.21C.240, 43.21C.031, 36.70A.500, and 34
36.70A.600, for costs associated with RCW 36.70A.610, and to cover 35
costs associated with the adoption of optional elements of 36
comprehensive plans consistent with RCW 43.21C.420;37
(c) Programs, activities, or projects that reduce and mitigate 38
impacts from greenhouse gases and copollutants in overburdened 39
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communities, including strengthening the air quality monitoring 1
network to measure, track, and better understand air pollution levels 2
and trends and to inform the analysis, monitoring, and pollution 3
reduction measures required in RCW 70A.65.020; 4
(d) Programs, activities, or projects that deploy renewable 5
energy resources, such as solar and wind power, and projects to 6
deploy distributed generation, energy storage, demand-side 7
technologies and strategies, and other grid modernization projects;8
(e) Programs, activities, or projects that increase the energy 9
efficiency or reduce greenhouse gas emissions of industrial 10
facilities including, but not limited to, proposals to implement 11
combined heat and power, district energy, or on-site renewables, such 12
as solar and wind power, to upgrade the energy efficiency of existing 13
equipment, to reduce process emissions, and to switch to less 14
emissions intensive fuel sources; 15
(f) Programs, activities, or projects that achieve energy 16
efficiency or emissions reductions in the agricultural sector 17
including: 18
(i) Fertilizer management; 19
(ii) Soil management; 20
(iii) Bioenergy; 21
(iv) Biofuels; 22
(v) Grants, rebates, and other financial incentives for 23
agricultural harvesting equipment, heavy duty trucks, agricultural 24
pump engines, tractors, and other equipment used in agricultural 25
operations; 26
(vi) Grants, loans, or any financial incentives to food 27
processors to implement projects that reduce greenhouse gas 28
emissions; 29
(vii) Renewable energy projects; 30
(viii) Farmworker housing weatherization programs;31
(ix) Dairy digester research and development; 32
(x) Alternative manure management; and 33
(xi) Eligible fund uses under RCW 89.08.615; 34
(g) Programs, activities, or projects that increase energy 35
efficiency in new and existing buildings, or that promote low carbon 36
architecture, including use of newly emerging alternative building 37
materials that result in a lower carbon footprint in the built 38
environment over the life cycle of the building and component 39
building materials; 40
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(h) Programs, activities, or projects that promote the 1
electrification and decarbonization of new and existing buildings, 2
including residential, commercial, and industrial buildings;3
(i) Programs, activities, or projects that improve energy 4
efficiency, including district energy, and investments in market 5
transformation of high efficiency electric appliances and equipment 6
for space and water heating; 7
(j) Clean energy transition and assistance programs, activities, 8
or projects that assist affected workers or people with lower incomes 9
during the transition to a clean energy economy, or grow and expand 10
clean manufacturing capacity in communities across Washington state 11
including, but not limited to: 12
(i) Programs, activities, or projects that directly improve 13
energy affordability and reduce the energy burden of people with 14
lower incomes, as well as the higher transportation fuel burden of 15
rural residents, such as bill assistance, energy efficiency, and 16
weatherization programs; 17
(ii) Community renewable energy projects that allow qualifying 18
participants to own or receive the benefits of those projects at 19
reduced or no cost; 20
(iii) Programs, activities, or other worker-support projects for 21
bargaining unit and nonsupervisory fossil fuel workers who are 22
affected by the transition away from fossil fuels to a clean energy 23
economy. Worker support may include, but is not limited to: (A) Full 24
wage replacement, health benefits, and pension contributions for 25
every worker within five years of retirement; (B) full wage 26
replacement, health benefits, and pension contributions for every 27
worker with at least one year of service for each year of service up 28
to five years of service; (C) wage insurance for up to five years for 29
workers reemployed who have more than five years of service; (D) up 30
to two years of retraining costs, including tuition and related 31
costs, based on in-state community and technical college costs; (E) 32
peer counseling services during transition; (F) employment placement 33
services, prioritizing employment in the clean energy sector; and (G) 34
relocation expenses; 35
(iv) Direct investment in workforce development, via technical 36
education, community college, institutions of higher education, 37
apprenticeships, and other programs including, but not limited to:38
(A) Initiatives to develop a forest health workforce established 39
under RCW 76.04.521; and 40
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(B) Initiatives to develop new education programs, emerging 1
fields, or jobs pertaining to the clean energy economy;2
(v) Transportation, municipal service delivery, and technology 3
investments that increase a community's capacity for clean 4
manufacturing, with an emphasis on communities in greatest need of 5
job creation and economic development and potential for commute 6
reduction; 7
(k) Programs, activities, or projects that reduce emissions from 8
landfills and waste-to-energy facilities through diversion of organic 9
materials, methane capture or conversion strategies, installation of 10
gas collection devices and gas control systems, monitoring and 11
reporting of methane emissions, or other means, prioritizing funding 12
needed for any activities by local governments to comply with chapter 13
70A.540 RCW; 14
(l) Carbon dioxide removal projects, programs, and activities; 15
and 16
(m) Activities to support efforts to mitigate and adapt to the 17
effects of climate change affecting Indian tribes, including capital 18
investments in support of the relocation of Indian tribes located in 19
areas at heightened risk due to anticipated sea level rise, flooding, 20
or other disturbances caused by climate change. The legislature 21
intends to dedicate at least $50,000,000 per biennium from the 22
account for purposes of this subsection. 23
(2) Moneys in the account may not be used for projects or 24
activities that would violate tribal treaty rights or result in 25
significant long-term damage to critical habitat or ecological 26
functions. Investments from this account must result in long-term 27
environmental benefits and increased resilience to the impacts of 28
climate change. 29
(3) During the 2023-2025 and 2025-2027 fiscal biennia, the 30
legislature may appropriate moneys from the climate commitment 31
account for activities related to environmental justice, including 32
implementation of chapter 314, Laws of 2021. 33
(4) During the 2025-2027 and 2027-2029 fiscal biennia, the 34
legislature may provide full funding for the emergency replacement of 35
infrastructure on state route number 165 caused by failure to 36
adequately address the impacts of climate.37
NEW SECTION. Sec. 3. This act is necessary for the immediate 38
preservation of the public peace, health, or safety, or support of 39
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the state government and its existing public institutions, and takes 1
effect immediately. 2
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