| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to emergency replacement of failed infrastructure on state route number 165; |
| Bill Description | Addressing the emergency replacement of failed infrastructure on state route number 165. |
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What this bill does
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The bill adds a new section to chapter 47.20 RCW that declares the Fairfax bridge failure and permanent closure on April 22, 2025, to be an emergency requiring immediate attention, directs the responsible department to restore access via state route number 165 across the Carbon River “as soon as possible,” and gives the secretary emergency authority to expedite planning and construction of a replacement bridge. That emergency authority includes the ability to waive or suspend specified statutory obligations or limitations (subject to explicit limits that waivers cannot conflict with federal requirements tied to federal funds or First Amendment free speech and assembly rights), requires the secretary to give as much notice as practical to the governor, legislative transportation leadership, and impacted local governments when issuing orders under the new section, and states that activities to implement the new section are not subject to Executive Order 25-07. The act is declared necessary for immediate preservation of public peace, health, or safety and takes effect immediately.
The bill also amends RCW 70A.65.260 to restate the creation and purpose of the climate commitment account, to enumerate eligible project categories for expenditures from that account (including a range of climate, energy, justice, and tribal support activities and a specific mention of implementation of the working families' tax credit), to prohibit uses that would violate tribal treaty rights or cause significant long-term damage to critical habitat or ecological functions, and to make clear that moneys in the account may be spent only after appropriation. The amendment identifies legislative appropriation windows, including the legislature’s authority during the 2023-2025 and 2025-2027 biennia to appropriate for environmental justice activities and during the 2025-2027 and 2027-2029 biennia to provide full funding for emergency replacement of infrastructure on SR 165; it also expresses a legislative intent to dedicate at least $50,000,000 per biennium for tribal climate mitigation and adaptation activities.
Legal changes thus include creation of a new statutory emergency authority and section in chapter 47.20 RCW, amendment of RCW 70A.65.260 to change eligible uses and appropriation rules for the climate commitment account, procedural changes granting expedited planning and waiver authority with specified limits, and an immediate effective date. The extracted text refers to affected entities (the department and secretary responsible for chapter 47.20 RCW, the governor, legislative transportation leaders, local governments, state agencies, Department of Labor and Industries, Utilities and Transportation Commission, Indian tribes, and various community and sector beneficiaries). The specific department and secretary are not identified in the extracted text, and fuller implementation detail depends on other RCWs and laws cited that are not reproduced here.
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Why it matters
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If enacted, the bill treats the April 22, 2025 Fairfax bridge failure as an immediate emergency and directs the state to restore access across the Carbon River on SR 165 as soon as possible. The responsible transportation secretary would get broad authority to speed planning and construction of a replacement, including the power to waive or suspend many state statutory requirements (but not federal conditions tied to federal funds or First Amendment rights), while giving as much notice as practical to the governor, transportation committee leaders, and affected local governments.
Practically, this shifts responsibility and decision-making to the state transportation agency and creates a clear option for the legislature to pay for the rebuild using the climate commitment account during upcoming biennia, including a potential full funding window in 2025–2027 and 2027–2029; the account’s amended uses also expand eligible projects (including tribal climate work with an intent of at least $50 million per biennium). The bill leaves key details unclear here—specifically which department/secretary is meant and how the waivers interact with other listed laws—so timing, exact costs, and which procedural protections might actually be suspended remain uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/12/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,849,488.38 |
| ENVIRONMENTAL HEALTH AND SAFETY |
| RIVERS AND BRIDGES |