Title 47 — Title 47 PUBLIC HIGHWAYS AND TRANSPORTATION

(1) The legislature finds that a full set of project procurement, contracting, financing, and funding tools are needed to enable the delivery of transportation projects in a manner most advantageous to the public. Current public-private partnership laws have failed to spur innova…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commission" means the transportation commission.(2) "Department" means the department of transportation.(3) "Eligible transportation project" means any project that is…

(1) The department shall develop policies and, where appropriate, adopt rules to carry out this chapter and govern the use of public-private partnerships for transportation projects. At a minimum, the department's policies and rules must address the following issues:(a) The types…

(1) For any eligible transportation project that requires the imposition of tolls on a state facility, the legislature must approve the imposition of such tolls consistent with RCW 47.56.820.(2) For any eligible transportation project that requires setting or adjusting toll rates…

All other transportation and public works project procurement and contracting governing provisions and procedures that do not conflict with this chapter, including responsible bidder and apprenticeship requirements under chapter 39.04 RCW and prevailing wage requirements under ch…

Any eligible transportation project with an estimated cost to the state of less than $500,000,000, or any project on a United States route that is not an interstate route and includes replacement of a seismically vulnerable elevated structure at least one and one-half miles long …

(1) Subject to the limitations in this section, the department may, in connection with the evaluation of eligible transportation projects, consider any financing mechanisms from any lawful source, either integrated as part of a project proposal or as a separate, stand-alone propo…

(1) The department may accept from the United States or any of its agencies such funds as are available to this state or to any other unit of government for carrying out the purposes of this chapter, whether the funds are made available by grant, loan, or other financing arrangem…

(1) The department may evaluate eligible transportation projects that are already programmed for other delivery methods to determine their appropriateness for delivery under a public-private partnership model.(2) Before entering into a formal solicitation or procurement to develo…

(1) Subject to the availability of amounts appropriated for this specific purpose, the department may spend such moneys as may be necessary for stipends for respondents to a solicitation, the evaluation of concepts or proposals for eligible transportation projects, and for negoti…

The department may consult with legal, financial, technical, and other experts in the public and private sector in the evaluation, negotiation, and development of projects under this chapter.[ 2025 c 417 s 1211.]Notes:Effective date—2025 c 417 ss 304 and 1201-1224: See note follo…

In the absence of any direct federal funding or direction, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies and engineering and technical studies.[ 2025 c 417 s 1212.]Notes:Effective date—2025 c 417 ss 304…

(1) The following provisions must be included in any transportation project agreement entered into under the authority of this chapter and to which the state is a party:(a) For any project that proposes terms for stand-alone maintenance or asset management services for a public f…

Before executing an agreement under RCW 47.47.130, the department must make a formal finding that the negotiated partnership agreement is expected to result in best value for the public, and the agreement must be approved through duly enacted legislation. The department must deve…

A proposer must identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets and provide any justification as to why these materials, upon request, should not be disclosed by the department. Patent information wil…

The state may, either separately or in combination with any other public sector partner, enter into working agreements, coordination agreements, or similar implementation agreements, including the formation of bistate transportation organizations, to carry out the joint implement…

The state may exercise the power of eminent domain to acquire property, easements, or other rights or interests in property for projects that are necessary to implement an eligible transportation project developed under this chapter. Any property acquired pursuant to this section…

Applicable federal laws, rules, and regulations govern in any situation that involves federal funds if the federal laws, rules, or regulations:(1) Conflict with any provision of this chapter;(2) Require procedures that are additional to or inconsistent with those provided in this…

(1) The public-private partnerships account is created in the custody of the state treasurer.(2) The following moneys must be deposited into the account:(a) Proceeds from bonds or other financing instruments;(b) Revenues received from any transportation project developed under th…