Updated Oct 22, 2009 - 4:56 pm
So who is on the hook for Viaduct cost overruns?
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MyNorthwest.com
What if a proposed deep-bore tunnel to replace the Alaska Way Viaduct goes way over budget?
Will Seattle taxpayers find themselves under a crushing tax burden, or will the state of Washington make up the difference?
In a debate on Wednesday Seattle mayoral candidate Mike McGinn asked candidate Joe Mallahan that question directly: "If the state legislature does not remove the provision in state law requiring Seattle to pay all cost overruns on the viaduct tunnel replacement, should Seattle proceed with the project?"
Mallahan said yes, but he also said that the provision isn't enforceable.
"State law is the state constitution, and the state constitution says the governor and the legislature actually can't impose costs for a highway project on city government." In fact, Mallahan said, "This little goofy thing there (that the legislature) added at the last minute that said overruns have to be borne by Seattle. I don't think it's enforceable in any event."
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Dave Ross interviews Rep. Judy Clibborn Dave Ross: The amendment that you wrote does not in fact have the force of law? So does it or not? Rep. Judy Clibborn: I don't think it does. Ross: Then why did you write it? Clibborn: Ok, I wrote it because there were a number of people who were very uncomfortable, I wouldn't say a large number, but a few people who felt that... those people who benefited from the tunnel, mainly those people on the waterfront should in some way be held on the hook for cost overruns. Ross: I get why you would want to write it, I'm just surprised you would write something that, to me, looks like it would have the force of law but which doesn't because that would seem to be trying to trick people into thinking they're protected when they're not. Clibborn: It was a way to get three more votes and get the tunnel bill passed. Listen to the interview with Clibborn |
When asked what he thought of Mallahan's debate comment about the law having no teeth, Kastema said, "He's (Mallahan) got to make it through the legislature for any additional funding to make up any difference. If there is a cost overrun the legislature is going to have to vote on that."
Kastema said he was surprised to hear Rep. Judy Clibborn, who added the provision, say on Thursday that, according to the attorney general the provision was not enforceable.
However, Kastema maintains that even if the law is not technically enforceable, it certainly has the intent to force Seattle to pay for any cost overruns. [Listen]
If there were cost overruns that Seattle refused to pay, Kastema said he could hold up the entire transportation budget. "It will be a very big conflict in the legislature going forward," Kastema said, "Because I've got to tell you, the votes that came out of the legislature for that tunnel - that bill wouldn't have passed unless that amendment was on it."
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