SSB 5773
In CommitteeSenate
Transportation procurement
Concerning alternative procurement and delivery models for transportation projects.
This status may be delayed. See Action History below for the latest updates.
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 overhauls Washington’s transportation project procurement laws by creating a new public-private partnership framework, expanding use of alternative delivery methods like progressive design-build, and removing mandatory review barriers to speed up project delivery. It replaces the outdated 2005 Transportation Innovative Partnership Act and aims to improve value, innovation, and efficiency in delivering transportation infrastructure.
- Creates a new chapter (47.--- RCW) governing public-private partnerships for transportation projects, replacing the outdated 2005 Transportation Innovative Partnership Act (RCW 47.29).
- Allows the Department of Transportation to use alternative delivery methods—including progressive design-build and general contractor/construction manager—without mandatory review by the Capital Projects Advisory Review Board for most projects.
- Sets a $500 million cost threshold: projects under $500 million may be evaluated for public-private partnerships without legislative approval; projects at or above $500 million require explicit legislative authorization.
- Requires the Department to make formal findings of 'public interest' and 'best value' before entering into a public-private partnership, including considerations of life-cycle costs, risk sharing, innovation, and disadvantaged business enterprise goals.
- Repeals 31 outdated statutes (including all of RCW 47.29) and amends several others to streamline procurement processes and remove barriers to alternative delivery methods.
- Mandates that prevailing wages (chapter 39.12 RCW) apply to all construction work on projects using public funds, regardless of delivery method.
Who is affected
- Washington State Department of Transportation — The state's transportation agency will gain new authority to use alternative project delivery methods, including public-private partnerships, progressive design-build, and alliance contracting, to deliver transportation projects more quickly and flexibly.
- Private sector contractors and developers — Private companies and developers may propose and partner with the state on transportation projects, especially those involving tolling, parking infrastructure, or complex facilities, and may be eligible to receive compensation through user fees, tolls, or other revenue sources.
- Disadvantaged and small business enterprises — Small and disadvantaged businesses may benefit from new subcontracting opportunities and continued enforcement of state and federal goals for participation in transportation projects, especially when federal funds are used.
- Local governments and regional transit agencies — Local governments and transit agencies may collaborate with the state on transportation projects and benefit from expedited project delivery and access to new financing tools, especially in growth and transportation efficiency zones.
- Local tolling authorities — Tolling authorities (e.g., cities, counties, ports) must now get legislative approval before imposing new tolls, and must follow new state standards for tolling technology and interoperability.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Prevailing wages apply to all construction work on projects using public funds, regardless of delivery method—ensuring that workers on P3 and alternative-delivery projects earn the same wages as those on traditional public works, protecting labor standards.
Business & EmploymentPeopleRef: Sec. 114 & RCW 39.12Disadvantaged and small business enterprise goals are preserved and enforced for projects using federal or state funds, supporting equitable access to subcontracting opportunities and inclusive economic development.
Business & EmploymentPeopleRef: Sec. 103(3)(a)-(b)Expanding use of progressive design-build and general contractor/construction manager methods removes mandatory review for most projects, accelerating project delivery and reducing delays for critical infrastructure like bridges, transit corridors, and truck parking facilities.
TransportationLean peopleRef: Sec. 201 & Sec. 202Mandatory findings of 'public interest' and 'best value' require retention of public ownership, transparency, oversight, and comparison of life-cycle costs—ensuring that P3s serve public goals rather than private profit maximization.
Public SafetyLean peopleRef: Sec. 107(2)(a)-(d) & Sec. 112(1)-(3)Creation of a Public-Private Partnerships Account allows flexible financing—including federal grants, infrastructure bank loans, and user fees—enabling faster project execution without immediate legislative appropriation, improving cash flow for infrastructure needs.
FinancialLean peopleRef: Sec. 105(1)(a)-(g) & Sec. 118
Potential Concerns (5)
Projects $500M or more require explicit legislative authorization, creating a political bottleneck that delays implementation and increases uncertainty for local governments and transit agencies seeking state partnership on large infrastructure projects.
Local GovernmentLean industryRef: Sec. 104Private partners may receive compensation through user fees, tolls, or other revenue sources, and agreements must specify a maximum rate of return—enabling private firms to earn guaranteed profits on publicly owned infrastructure, potentially at the expense of public returns on investment.
Business & EmploymentIndustryRef: Sec. 105(1)(e) & Sec. 111(2)(c)The state may exercise eminent domain to acquire property for P3 projects, potentially enabling private partners to indirectly benefit from state coercion in land acquisition, with limited recourse for affected property owners.
Rights & LibertiesIndustryRef: Sec. 116While local governments may use alternative delivery methods, the bill removes mandatory review for most projects under $500M, but still requires certification or case-by-case approval—creating administrative complexity and inconsistent implementation across jurisdictions.
Local GovernmentLean industryRef: Sec. 201(4) & Sec. 204(5)Proposers may designate portions of proposals as confidential trade secrets, and such confidentiality may persist indefinitely for patent information—potentially limiting public oversight of safety-critical design elements in transportation infrastructure.
Public SafetyLean industryRef: Sec. 113
Who Is Most Affected
WSDOT gains flexibility to use alternative delivery methods and P3s, potentially accelerating project timelines and reducing long-term life-cycle costs—but must navigate new reporting, rulemaking, and public accountability requirements.
Large private developers and infrastructure firms with capital, engineering expertise, and financing capacity stand to gain from new P3 opportunities—especially on tolling, parking, and freight corridor projects—but face competitive bidding and public oversight constraints.
Small and disadvantaged businesses benefit from continued enforcement of DBE/SBE goals and subcontracting opportunities—especially on federally funded projects—but may lack capacity to compete for large P3 contracts without partnerships.
Local governments and transit agencies gain access to expedited project delivery and new financing tools, especially in growth zones—but may face increased complexity in coordinating with state P3 processes and meeting certification requirements.
Local tolling authorities must now obtain legislative approval for new tolls and comply with state interoperability standards—reducing local autonomy but ensuring consistency and fairness in tolling technology and revenue distribution.