HOUSE BILL REPORT
2SSB 5690
As Reported by House Committee On:
Transportation
Title: An act relating to actions of the department of transportation to notify utility owners of projects and seek federal funding for utility relocation costs.
Brief Description: Concerning actions of the department of transportation to notify utility owners of projects and seek federal funding for utility relocation costs.
Sponsors: Senate Committee on Transportation (originally sponsored by Senators MacEwen, Chapman, Lovelett and Muzzall).
Brief History:
Committee Activity:
Transportation: 3/17/25, 4/4/25 [DPA], 2/19/26, 3/2/26 [DP].
Brief Summary of Second Substitute Bill
  • Directs the Washington State Department of Transportation (WSDOT) to adopt and maintain agency policies that proactively provide utility owners with information about planned state highway fish barrier removal projects.
  • Directs the WSDOT to adopt and maintain agency policies that maximize the amount of federal funding for fish barrier removal projects for which utility relocation costs of the WSDOT or utilities are an eligible use.
HOUSE COMMITTEE ON TRANSPORTATION
Majority Report: Do pass.Signed by 26 members:Representatives Fey, Chair; Bernbaum, Vice Chair; Donaghy, Vice Chair; Reed, Vice Chair; Barkis, Ranking Minority Member; Low, Assistant Ranking Minority Member; Mendoza, Assistant Ranking Minority Member; Schmidt, Assistant Ranking Minority Member; Bronoske, Duerr, Engell, Entenman, Griffey, Hall, Klicker, Ley, Nance, Orcutt, Paul, Ramel, Richards, Stuebe, Taylor, Timmons, Wylie and Zahn.
Staff: Jennifer Harris (786-7143).
Background:

Utility Franchises.

 

The Washington State Department of Transportation (WSDOT) may grant a franchise to a utility to place its facilities in or on a WSDOT right-of-way if the WSDOT deems it in the public interest.  The utility facility must be made subject to removal when necessary for the construction, alteration, repair, or improvement of the highway at the expense of the franchise holder, except that the state is required to pay the share of the cost of removal the state is entitled to receive in the form of reimbursement from the federal government.

 

Notification for Certain Franchises.

 

The WSDOT is required to adopt and maintain an agency policy that requires the WSDOT to proactively provide broadband facility owners with information about planned state highway projects to enable collaboration between broadband facility owners and the WSDOT to identify opportunities for the installation of broadband facilities during the appropriate phase of projects when possible.

 

"Broadband infrastructure" is defined as networks of deployed telecommunications equipment and technologies necessary to provide high-speed internet access and other advanced telecommunications services to end users.

 

Fish Barrier Removal Projects.

 

In 2013 a United States (US) District Court issued an injunction ordering the state to increase its efforts in removing culverts blocking or impeding fish passage in the Puget Sound and Chehalis River basins in Washington.  The court ordered the state to replace the culverts with the most significant impacts on fish habitat by 2030.  This injunction was upheld by the Ninth Circuit Court of Appeals in 2016 and by an equally divided US Supreme Court in 2018.  The WSDOT had addressed 176 fish barriers as of June 2025.
Summary of Bill:

The WSDOT is directed to adopt and maintain agency policies that:

  1. proactively provide utility owners with information about planned state highway fish barrier removal projects to enable collaboration between utility owners and the WSDOT, with at least one year of advance notice provided whenever feasible; and
  2. maximize the amount of federal funding for fish barrier removal projects for which utility relocation costs of the WSDOT or utilities are an eligible use.

 

The WSDOT is encouraged to:

  • ensure that, if utility relocation costs are an eligible use under federal regulation, any awards received are deposited in the Multimodal Transportation Account; and
  • report to the Legislature and the Office of Financial Management on any recommendations for changes to state law, rules, or policies that would enable the WSDOT or utilities to more efficiently receive competitive federal grant funding or reimbursements for utility relocations.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:

(In support) This bill was narrowed significantly to decrease the fiscal note.  Good coordination and communication is needed for fish barrier removal projects.  Taxpayer funds are wasted when projects are commenced that require utility relocation and then abandoned.  Everyone wants thriving fish populations, and many projects still need to be completed.  

 

Public Utility Districts (PUDs) are located in rural areas of the state.  The bill is intended to help PUDs and the WSDOT collaborate to obtain funding for utility relocation.  The bill improves the notice provided to utilities and asks the WSDOT to seek federal funds to utilize existing resources.  

 

Public Utility Districts prepare their capital budgets months in advance of the year.  Costs for these utility relocations have been increasing over the last several years.  If the WSDOT provides a one-year advance notice, this can help PUDs plan.  

 

(Opposed) None.
Persons Testifying:

Senator Drew MacEwen, prime sponsor; Kevin Van De Wege, Thurston PUD; Ian Cope, Grays Harbor PUD; and Bill Clarke, WA PUD Association.
Persons Signed In To Testify But Not Testifying: None.