Highway infrastructure

AN ACT Relating to facilitating the ability of the government to 1
maintain highway infrastructure in a state of good repair, including 2
bridges; amending RCW 43.21C.480, 47.04.035, 47.28.030, and 3
70A.65.240; reenacting and amending RCW 47.28.170; creating new 4
sections; and making an appropriation. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that Washington's 7
bridges are aging and many are not in a state of good repair. There 8
are 300 bridges over 80 years old providing access to communities 9
throughout the state. The highway system links people to food, 10
medical care, and the basic necessities of life. When a highway 11
bridge is closed, it becomes a community emergency. The legislature 12
declares that the maintenance, preservation, repair, and replacement 13
of existing highway infrastructure is of paramount public importance. 14
This act intends to facilitate the ability for state and local 15
governments to keep highways and bridges in a state of good repair.16
Sec. 2. RCW 43.21C.480 and 2015 3rd sp.s. c 10 s 2 are each 17
amended to read as follows: 18
The repair or replacement of a ((state)) bridge deemed 19
structurally deficient((,)) as defined in RCW 47.04.010, is at least 20
H-3018.1
HOUSE BILL 2627
State of Washington 69th Legislature 2026 Regular Session
By Representatives Stuebe, Ley, Keaton, Ryu, Ybarra, Orcutt, Barkis,
and Eslick
Read first time 01/22/26. Referred to Committee on Transportation.
p. 1 HB 2627
80 years old, or is rated in fair condition or worse by the 1
department of transportation or county engineer, is exempt from 2
compliance with this chapter as long as the action occurs within the 3
existing right-of-way, except that the repair or replacement may 4
occur outside the existing right-of-way as needed to meet current 5
engineering standards or state or local environmental permit 6
requirements for highway construction as long as the repair or 7
replacement does not result in additional lanes for automobiles. The 8
issuance of applicable state and local agency permits or approvals 9
associated with the repair or replacement of such bridges is also 10
included in this exemption from compliance with this chapter.11
Sec. 3. RCW 47.28.170 and 2015 3rd sp.s. c 10 s 4 and 2015 c 144 12
s 2 are each reenacted and amended to read as follows:13
(1) Whenever the department finds that as a consequence of 14
accident, natural disaster, or other emergency, an existing state 15
highway is in jeopardy or is rendered impassible in one or both 16
directions and the department further finds that prompt 17
reconstruction, repair, or other work is needed to preserve or 18
restore the highway for public travel, or when the department is 19
preparing to conduct the repair or replacement of a state bridge 20
deemed structurally deficient, as defined in RCW 47.04.010, by the 21
department, the department may obtain at least three written bids for 22
the work without publishing a call for bids, and the secretary of 23
transportation may award a contract forthwith to the lowest 24
responsible bidder. 25
The department shall notify any association or organization of 26
contractors filing a request to regularly receive notification. 27
Notification to an association or organization of contractors shall 28
include: (a) The location of the work to be done; (b) the general 29
anticipated nature of the work to be done; and (c) the date 30
determined by the department as reasonable in view of the nature of 31
the work and emergent nature of the problem after which the 32
department will not receive bids. 33
(2) Whenever the department finds it necessary to protect a 34
highway facility from imminent damage or to perform emergency work to 35
reopen a highway facility, the department may contract for such work 36
on a negotiated basis not to exceed force account rates for a period 37
not to exceed ((thirty)) 30 working days. 38
p. 2 HB 2627
(3) The secretary shall review any contract exceeding ((seven 1
hundred thousand dollars )) $700,000 awarded under subsection (1) or 2
(2) of this section with the office of financial management within 3
((thirty)) 30 days of the contract award. 4
(4) Any person, firm, or corporation awarded a contract for work 5
must be prequalified pursuant to RCW 47.28.070 and may be required to 6
furnish a bid deposit or performance bond. 7
(5) A city, town, or county may use the contracting process 8
available to the department under subsection (1) of this section for 9
the repair or replacement of a bridge deemed structurally 10
deficient((,)) as defined in RCW 43.21C.470, is at least 80 years 11
old, or is rated in fair or worse condition. 12
(6) This section does not prevent the department from notifying 13
contractors, that are not otherwise notified pursuant to subsection 14
(1) of this section, of the availability of work that the department 15
intends to contract for under this section. 16
Sec. 4. RCW 47.04.035 and 2025 c 417 s 901 are each amended to 17
read as follows: 18
(1)(a) In order to improve the safety, mobility, and 19
accessibility of state highways, it is the intent of the legislature 20
that the department must incorporate the principles of complete 21
streets with facilities that provide street access with all users in 22
mind, including pedestrians, bicyclists, and public transportation 23
users, notwithstanding the provisions of RCW 47.24.020 concerning 24
responsibility beyond the curb of state rights-of-way. As such, state 25
transportation projects (((a) starting design between July 1, 2022, 26
and July 31, 2025, that are $500,000 or more, and (b))) starting 27
design on or after August 1, 2025, that are $1,000,000 or more, 28
unless (b) of this subsection applies, must: 29
(i) Identify those locations on state rights-of-way that do not 30
have a complete and Americans with disabilities act accessible 31
sidewalk or shared-use path, that do not have bicycle facilities in 32
the form of a bike lane or adjacent parallel trail or shared-use 33
path, that have such facilities on a state route within a population 34
center that has a posted speed in excess of 30 miles per hour and no 35
buffer or physical separation from vehicular traffic for pedestrians 36
and bicyclists, and/or that have a design that hampers the ability of 37
motorists to see a crossing pedestrian with sufficient time to stop 38
given posted speed limits and roadway configuration;39
p. 3 HB 2627
(ii) Consult with local jurisdictions to confirm existing and 1
planned active transportation connections along or across the 2
location; identification of connections to existing and planned 3
public transportation services, ferry landings, commuter and 4
passenger rail, and airports; the existing and planned facility 5
type(s) within the local jurisdiction that connect to the location; 6
and the potential use of speed management techniques to minimize 7
crash exposure and severity; 8
(iii) Adjust the speed limit to a lower speed with appropriate 9
modifications to roadway design and operations to achieve the desired 10
operating speed in those locations where this speed management 11
approach aligns with local plans or ordinances, particularly in those 12
contexts that present a higher possibility of serious injury or fatal 13
crashes occurring based on land use context, observed crash data, 14
crash potential, roadway characteristics that are likely to increase 15
exposure, or a combination thereof, in keeping with a safe system 16
approach and with the intention of ultimately eliminating serious and 17
fatal crashes; and 18
(iv) Plan, design, and construct facilities providing context-19
sensitive solutions that contribute to network connectivity and 20
safety for pedestrians, bicyclists, and people accessing public 21
transportation and other modal connections, such facilities to 22
include Americans with disabilities act accessible sidewalks or 23
shared-use paths, bicyclist facilities, and crossings as needed to 24
integrate the state route into the local network. 25
(b) The department or local jurisdiction is not required to 26
conduct the analysis or incorporate facilities for pedestrians, 27
cyclists, or public transportation users as part of projects that are 28
(i) replacing, preserving, or repairing existing pavement, asphalt, 29
or concrete, (ii) in locations where such facilities do not currently 30
exist, (iii) in locations where there are safety concerns if such 31
facilities were added that are not easily addressed, or (iv) in 32
locations where the additional cost to the project is unreasonable 33
considering the project's goals and expected usage of the multimodal 34
facilities.35
(2) Projects undertaken for emergent work required to reopen a 36
state highway in the event of a natural disaster or other emergency 37
repair are not required to comply with the provisions of this 38
section. 39
p. 4 HB 2627
(3) Maintenance of facilities constructed under this provision 1
shall be as provided under existing law. 2
(4) This section does not create a private right of action.3
Sec. 5. RCW 47.28.030 and 2025 c 416 s 719 are each amended to 4
read as follows: 5
(1)(a) A state highway shall be constructed, altered, repaired, 6
or improved, and improvements located on property acquired for 7
right-of-way purposes may be repaired or renovated pending the use of 8
such right-of-way for highway purposes, by contract or state forces. 9
The work or portions thereof may be done by state forces when the 10
estimated costs thereof are less than $50,000 and effective July 1, 11
2005, $60,000. 12
(b) When delay of performance of such work would jeopardize a 13
state highway or constitute a danger to the traveling public, the 14
work may be done by state forces when the estimated cost thereof is 15
less than $80,000 and effective July 1, 2005, $100,000.16
(c) When the department of transportation determines to do the 17
work by state forces, it shall enter a statement upon its records to 18
that effect, stating the reasons therefor. 19
(d) To enable a larger number of small businesses and veteran, 20
minority, and women contractors to effectively compete for department 21
of transportation contracts, the department may adopt rules providing 22
for bids and award of contracts for the performance of work, or 23
furnishing equipment, materials, supplies, or operating services 24
whenever any work is to be performed and the engineer's estimate 25
indicates the cost of the work would not exceed $80,000 and effective 26
July 1, 2005, $100,000. 27
(2) The rules adopted under this section: 28
(a) Shall provide for competitive bids to the extent that 29
competitive sources are available except when delay of performance 30
would jeopardize life or property or inconvenience the traveling 31
public; and 32
(b) Need not require the furnishing of a bid deposit nor a 33
performance bond, but if a performance bond is not required then 34
progress payments to the contractor may be required to be made based 35
on submittal of paid invoices to substantiate proof that 36
disbursements have been made to laborers, material suppliers, 37
mechanics, and subcontractors from the previous partial payment; and38
p. 5 HB 2627
(c) May establish prequalification standards and procedures as an 1
alternative to those set forth in RCW 47.28.070, but the 2
prequalification standards and procedures under RCW 47.28.070 shall 3
always be sufficient. 4
(3) ((The)) Except as provided for in subsection (5) of this 5
section, the department of transportation shall comply with such 6
goals and rules as may be adopted by the office of minority and 7
women's business enterprises to implement chapter 39.19 RCW with 8
respect to contracts entered into under this chapter. The department 9
may adopt such rules as may be necessary to comply with the rules 10
adopted by the office of minority and women's business enterprises 11
under chapter 39.19 RCW. 12
(4)(a) Work for less than $100,000 may be performed on ferry 13
vessels and terminals by state forces. During the 2025-2027 fiscal 14
biennium, work for less than $400,000 may be performed on ferry 15
vessels and terminals by state forces. 16
(b) When the estimated cost of work to be performed on ferry 17
vessels and terminals is between $100,000 and $200,000, or between 18
$400,000 and $500,000 during the 2025-2027 fiscal biennium, the 19
department shall contact, by mail or email, contractors that appear 20
on the department's small works roster as created pursuant to 21
procedures in chapter 39.04 RCW to do specific work the contractors 22
are qualified to do to determine if any contractor is interested and 23
capable of doing the work. If there is a response of interest within 24
72 hours, the small works roster procedures commence. If no qualified 25
contractors respond with interest and availability to do the work, 26
the department may use its regular contracting procedures. If the 27
secretary determines that the work to be completed is an emergency, 28
procedures governing emergencies apply. 29
(c) The department shall hire a disinterested, third party to 30
conduct an independent analysis to identify methods of reducing out-31
of-service times for vessel maintenance, preservation, and 32
improvement projects. The analysis must include options that consider 33
consolidating work while vessels are at shipyards by having state 34
forces perform services traditionally performed at Eagle Harbor at 35
the shipyard and decreasing the allowable time at shipyards. The 36
analysis must also compare the out-of-service vessel times of 37
performing services by state forces versus contracting out those 38
services which in turn must be used to form a recommendation as to 39
what the threshold of work performed on ferry vessels and terminals 40
p. 6 HB 2627
by state forces should be. This analysis must be presented to the 1
transportation committees of the senate and house of representatives 2
by December 1, 2010. 3
(d) The department shall develop a proposed ferry vessel 4
maintenance, preservation, and improvement program and present it to 5
the transportation committees of the senate and house of 6
representatives by December 1, 2010. The proposed program must:7
(i) Improve the basis for budgeting vessel maintenance, 8
preservation, and improvement costs and for projecting those costs 9
into a 16-year financial plan; 10
(ii) Limit the amount of planned out-of-service time to the 11
greatest extent possible, including options associated with 12
department staff as well as commercial shipyards; and13
(iii) Be based on the service plan in the capital plan, 14
recognizing that vessel preservation and improvement needs may vary 15
by route. 16
(e) In developing the proposed ferry vessel maintenance, 17
preservation, and improvement program, the department shall consider 18
the following, related to reducing vessel out-of-service time:19
(i) The costs compared to benefits of Eagle Harbor repair and 20
maintenance facility operations options to include staffing costs and 21
benefits in terms of reduced out-of-service time; 22
(ii) The maintenance requirements for on-vessel staff, including 23
the benefits of a systemwide standard; 24
(iii) The costs compared to benefits of staff performing 25
preservation or maintenance work, or both, while the vessel is 26
underway, tied up between sailings, or not deployed;27
(iv) A review of the department's vessel maintenance, 28
preservation, and improvement program contracting process and 29
contractual requirements; 30
(v) The costs compared to benefits of allowing for increased 31
costs associated with expedited delivery; 32
(vi) A method for comparing the anticipated out-of-service time 33
of proposed projects and other projects planned during the same 34
construction period; 35
(vii) Coordination with required United States coast guard dry 36
dockings; 37
(viii) A method for comparing how proposed projects relate to the 38
service requirements of the route on which the vessel normally 39
operates; and 40
p. 7 HB 2627
(ix) A method for evaluating the ongoing maintenance and 1
preservation costs associated with proposed improvement projects.2
(5) For projects maintaining, preserving, repairing, or replacing 3
existing highways as defined in RCW 47.04.010 in counties with a 4
population of less than 130,000 people, the department and local 5
governments are encouraged to use available and qualified minority 6
and veteran-owned business enterprises that are located in the county 7
or adjacent counties to the location of the project rather than as 8
directed in subsection (3) of this section.9
Sec. 6. RCW 70A.65.240 and 2022 c 182 s 101 are each amended to 10
read as follows: 11
(1) The carbon emissions reduction account is created in the 12
state treasury. Moneys in the account may be spent only after 13
appropriation. Expenditures from the account are intended to affect 14
reductions in transportation sector carbon emissions through a 15
variety of carbon reducing investments. These can include, but are 16
not limited to: Transportation alternatives to single occupancy 17
passenger vehicles; reductions in single occupancy passenger vehicle 18
miles traveled; reductions in per mile emissions in vehicles, 19
including through the funding of alternative fuel infrastructure and 20
incentive programs; and emission reduction programs for freight 21
transportation, including motor vehicles and rail, as well as for 22
ferries and other maritime and port activities. Expenditures from the 23
account may only be made for transportation carbon emission reducing 24
purposes and may not be made for highway purposes authorized under 25
the 18th Amendment of the Washington state Constitution, other than 26
specified in this section, and shall be made in accordance with 27
subsection (2) of this section. It is the legislature's intent that 28
expenditures from the account used to reduce carbon emissions be made 29
with the goal of achieving equity for communities that historically 30
have been omitted or adversely impacted by past transportation 31
policies and practices. 32
(2) Appropriations in an omnibus transportation appropriations 33
act from the carbon emissions reduction account shall be made 34
exclusively to fund the following activities: 35
(a) Active transportation; 36
(b) Transit programs and projects; 37
(c) Alternative fuel and electrification; 38
(d) Ferries; ((and))39
p. 8 HB 2627
(e) Rail; and1
(f) Painting, maintaining, repairing, or replacing highway 2
bridges. 3
NEW SECTION. Sec. 7. The department of transportation is 4
directed to submit to the transportation committees of the 5
legislature by January 1st every year a list of the department's top 6
priority preservation and bridge replacement projects for the next 7
six years with the expected project cost and time needed for the 8
project.9
NEW SECTION. Sec. 8. The sum of $100,000,000 or as much thereof 10
as may be necessary, is appropriated for the fiscal year ending June 11
30, 2027, from the carbon emissions reduction account to the 12
department of transportation for the purposes of painting, 13
maintaining, repairing, preserving, and replacing bridges.14
NEW SECTION. Sec. 9. If any provision of this act or its 15
application to any person or circumstance is held invalid, the 16
remainder of the act or the application of the provision to other 17
persons or circumstances is not affected.18
--- END ---
p. 9 HB 2627