HB 1970
SignedHouse
Highway alt. contracting
Concerning state highway construction project alternative contracting procedures.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands the ability of local public agencies and the Washington State Department of Transportation (WSDOT) to use alternative contracting methods—like design-build and general contractor/construction manager—for highway construction projects. It creates a formal certification process for local agencies and gives WSDOT more flexibility to use these methods without project-by-project approvals.
- Local public agencies must apply for certification from the Public Works Procurement Committee to use alternative contracting methods (design-build, general contractor/construction manager) on projects, and must demonstrate experience managing at least one similar project in the past five years.
- Certification lasts for three years and can be renewed; agencies must reapply after each three-year period, submitting updated information on staffing and experience.
- The Public Works Procurement Committee must review applications at a public meeting, consider public comments, and issue a written decision within 10 business days.
- The Washington State Department of Transportation (WSDOT) is exempt from the certification requirement and is now strongly encouraged to use alternative contracting methods on highway projects over $2 million.
- WSDOT must use competitive bidding for highway contracts over $2 million and can use alternative methods (design-build, progressive design-build, general contractor/construction manager) if projects meet specific criteria (e.g., highly specialized work, potential for innovation, or time savings).
- For the first three general contractor/construction manager projects after July 1, 2025, WSDOT must seek formal approval under existing rules, but after that, it is exempt from those approval requirements.
Who is affected
- Local public agencies (e.g., cities, counties, public transportation authorities) — Local public agencies (like cities and counties) that want to use alternative construction methods (like design-build or general contractor/construction manager) on state-funded or local highway projects must now apply for certification from the Public Works Procurement Committee and meet specific experience and capacity requirements.
- Construction firms and design-build contractors — Private construction firms that work with public agencies on highway projects may see more opportunities to bid on projects using alternative contracting methods, especially if public agencies are certified to use these methods more broadly.
- Washington State Department of Transportation (WSDOT) — The Washington State Department of Transportation (WSDOT) gains more flexibility to use alternative contracting methods on highway projects over $2 million without needing separate approval for each project, and is no longer subject to the same certification rules as local agencies.
- General public / taxpayers and road users — Taxpayers and road users may benefit from faster project delivery and potential cost savings if alternative contracting methods lead to more efficient project completion.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Accelerated project delivery through design-build and similar methods could reduce long-term road delays, construction-zone hazards, and detours—improving safety and reliability for commuters, freight, and emergency responders.
Public SafetyPeopleRef: Sec. 3 (WSDOT encouragement to use alternative methods on projects >$2M)Broader use of alternative contracting may increase bidding opportunities for local construction and engineering firms, especially those experienced in design-build, potentially supporting jobs and local economic activity.
Business & EmploymentLean peopleRef: Sec. 3 (WSDOT encouragement to use alternative methods on projects >$2M)Certification streamlines project approvals for qualified local agencies, reducing bureaucratic delays and enabling more efficient use of local and state transportation funds—potentially speeding needed road improvements in underserved communities.
Local GovernmentPeopleRef: Sec. 1(1), (6)Alternative contracting methods may reduce project timelines and costs through integrated design-construction oversight, potentially delivering better value for taxpayer dollars and easing long-term infrastructure funding strain.
TransportationPeopleRef: Sec. 3 (WSDOT encouragement to use alternative methods on projects >$2M)The certification review process—requiring public meetings, written decisions, and public posting—enhances transparency and accountability in how local agencies select and manage construction methods.
Local GovernmentPeopleRef: Sec. 1(3)(b)(v), (c)
Potential Concerns (5)
Local agencies must invest staff time and resources to prepare certification applications—including capital plans, staffing documentation, and project evidence—repeated every three years, which may strain smaller agencies with limited administrative capacity.
Local GovernmentRef: Sec. 1(1), (3)(c)(v), (6)Agencies risk losing certification if they fail to meet evolving standards or if past project audits are deemed unsatisfactory, potentially disrupting project timelines and requiring reapplication delays.
Local GovernmentRef: Sec. 1(3)(b)(vi), (5)Certification requirements favor agencies with existing in-house engineering and project management staff—typically wealthier or larger jurisdictions—while smaller or rural agencies may lack the staffing to qualify, widening equity gaps in infrastructure delivery capacity.
Local GovernmentLean peopleRef: Sec. 1(3)(b)(ii), (b)(v), (c)While WSDOT gains flexibility, the bill does not require performance metrics or independent oversight of outcomes (e.g., cost overruns, safety, or equity in project location), limiting accountability for how alternative contracting affects project quality and public trust.
Public SafetyRef: Sec. 3 (WSDOT exemption from approval after 3 projects)Mandated data reporting adds administrative burden without specifying funding or technical support for compliance, disproportionately affecting small agencies with limited data infrastructure.
Local GovernmentRef: Sec. 1(7), RCW 39.10.320 & .350 (referenced)
Who Is Most Affected
Larger cities and counties with existing engineering and project management staff are most likely to qualify for certification quickly and use alternative methods to accelerate projects; smaller or rural agencies may face barriers due to staffing and capacity requirements.
Firms experienced in design-build or construction-manager methods may gain more bidding opportunities, especially on state-funded local projects; smaller or traditional design-bid-build firms may see reduced access unless they adapt their service lines.
WSDOT gains operational flexibility and reduced administrative bottlenecks, enabling faster project execution; however, the lack of performance benchmarks or mandatory oversight could reduce accountability for cost and schedule outcomes.
Commuters and freight users benefit from faster project delivery and potentially safer construction zones, but low-income and rural road users may see less benefit if local agencies with fewer resources cannot achieve certification or prioritize high-traffic corridors.
State and local governments may face increased administrative costs for certification and reporting, but could realize long-term savings from reduced project timelines—though these savings are uncertain and not guaranteed.