SB 5839 — Concerning county ferry district authority.

S-3883.1S-3417.2 SUBSTITUTE SENATE BILL 5839 State of Washington 69th Legislature 2026 Regular Session By Senate Transportation (originally sponsored by Senators Shewmake, J.

Wilson, Dozier, and Nobles)Nobles READPrefiled FIRST12/05/25. TIME 02/02/26.

Read first time 01/12/26.

Referred to Committee on Transportation.

and amending RCW 36.54.120, 36.54.130, and 36.54.135;36.54.135.

and reenacting and amending RCW 47.60.120.

(1) To carry out the purposes for which ferry districts are created, the governing body of a ferry district may levy each year an ad valorem tax on all taxable property located in the district not to exceed ((seventy-five)) 75 cents per thousand dollars of assessed p.

1 SSBSB 5839 exceed ((seventy-five)) 75 cents per thousand dollars of assessed value, except a ferry district in a county with a population of ((one million five hundred thousand)) 1,500,000 or more may not levy at a rate that exceeds seven and one-half cents per ((thousand dollars)) $1,000 of assessed value.

Sec.

4.

RCW 47.60.120 and 2003 c 83 s 204 and 2003 c 373 s 2 are each reenacted and amended to read as follows:

(1) If the department acquires or constructs, maintains, and operates any ferry crossings upon or toll bridges over Puget Sound or any of its tributary or connecting waters, there shall not be constructed, operated, or maintained any other ferry crossing upon or bridge over any such waters within ((ten)) 10 miles of any such crossing or bridge operated or maintained by the department excepting p.

2 SSB 5839 such bridges or ferry crossings in existence, and being operated and maintained under a lawfully issued franchise at the time of the location of the ferry crossing or construction of the toll bridge by the department.

(2) The ((ten-mile)) 10-mile distance in subsection (1) of this section means ((ten)) 10 statute miles measured by airline distance.

The ((ten-mile)) 10-mile restriction shall be applied by comparing the two end points (termini) of a state ferry crossing to those of a private ferry crossing.

(3) The Washington utilities and transportation commission may, upon written petition of a commercial ferry operator certificated or applying for certification under chapter 81.84 RCW, and upon notice and hearing, grant a waiver from the ((ten-mile)) 10-mile restriction.

The waiver must not be detrimental to the public interest.

In making a decision to waive the ((ten-mile)) 10-mile restriction, the commission shall consider, but is not limited to, the impact of the waiver on transportation congestion mitigation, air quality improvement, and the overall impact on the Washington state ferry system.

The commission shall act upon a request for a waiver within ((ninety)) 90 days after the conclusion of the hearing.

A waiver is effective for a period of five years from the date of issuance.

At the end of five years the waiver becomes permanent unless appealed within ((thirty)) 30 days by the commission on its own motion, the department, or an interested party.

(4) The department shall not maintain and operate any ferry crossing or toll bridge over Puget Sound or any of its tributary or connecting waters that would infringe upon any franchise lawfully issued by the state and in existence and being exercised at the time of the location of the ferry crossing or toll bridge by the department, without first acquiring the rights granted to such franchise holder under the franchise.

(5) This section does not apply to the operation of passenger- only ferry service by public transportation benefit areas meeting the requirements of RCW 36.57A.200 or to the operation of ((passenger- only)) ferry service by ferry districts.

32 SSBSB 5839