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Senate hears bill to expand alternative delivery models for transportation projects, including P3s and progressive design‑build

2390939 · February 25, 2025
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Summary

Senate Bill 5773 would replace the existing TIP program with a new P3 framework that assigns WSDOT authority to evaluate, solicit and select public‑private partnership projects below $500 million (higher values require legislative approval), reduce CPARB certification hurdles for WSDOT on certain delivery methods, and study alliance contracting.

Senate Bill 5773, which would create a revised framework for public‑private partnerships and broaden WSDOT’s authority to use alternative project delivery methods, was discussed in the Feb. 25 hearing.

Staff summarized the bill in three parts: (1) repeal and replace the Transportation Innovative Partnership (TIP) program with a new P3 law framework that assigns review, selection and procurement responsibilities to WSDOT rather than the Transportation Commission and that requires WSDOT rulemaking and consultation with Office of Equity and Civil Rights; (2) allow WSDOT to use progressive design‑build (PDB) and general contractor‑construction manager (GCCM) project delivery methods without CPARB certification (but require consultation with CPARB for large projects); and (3) require a Joint Transportation Committee study of alliance contracting by July 1, 2027.

Key delivery and oversight features in the draft include: explicit authority for WSDOT to develop finance plans (including debt and lease tools) subject to State Finance Committee review when state fiscal or credit capacity is implicated; an explicit public comment opportunity before WSDOT solicits P3 proposals; a required formal finding that any negotiated partnership agreement delivers “best value” based on cost, risk sharing, asset quality and innovation; and mandated contract provisions such as cost‑sharing, performance incentives and remedies for default.

WSDOT procurement and contracting partners testified in support. Catherine Hovoldt of HNTB said the bill would let WSDOT “right size delivery approaches,” respond to market conditions more nimbly and provide opportunities for private funding that can accelerate project timelines. Staff noted the bill preserves oversight via the State Finance Committee and requires WSDOT rulemaking and public comment before widespread P3 deployment.

No immediate fiscal note was available; staff noted previous P3 rulemaking work estimated WSDOT rulemaking costs in the low hundreds of thousands. The committee did not take action on the bill at the hearing.