SENATE BILL REPORT

SB 5785

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Majority Report: That Substitute Senate Bill No. 5785 be substituted therefor, and the substitute bill do pass.

Signed by Senators Haugen, Chair; White, Vice Chair; King, Ranking Minority Member; Fain, Assistant Ranking Minority Member; Delvin, Eide, Ericksen, Hill, Hobbs, Litzow, Nelson, Prentice, Ranker, Sheldon, Shin and Swecker.

Background: Legislation passed in 2006 created an Expert Review Panel (ERP) for the State Route 520 and the Alaskan Way Viaduct projects to provide an independent financial and technical review of the projects' finances and implementation processes. The panel consisted of five to ten members, recognized as experts in relevant fields such as planning, engineering, and finance.

In 2010 the Governor created an Alaskan Way Viaduct Oversight Committee to review all the projects in the Alaskan Way Viaduct Replacement Program. The nine members comprise of the Governor, the Chairs of the Senate and House Transportation Committees, and various state and local officials from the Seattle area.

Summary of Bill (Recommended Substitute): The ERP created in 2006 is reconvened for the purposes of updating the work that was previously completed by the panel for the Alaskan Way Viaduct project, and also to ensure an appropriate and viable financial plan is created and regularly reviewed. The ERP must report its findings to the Transportation Committees of the Legislature, the Transportation Commission, and to the Governor's Alaskan Way Viaduct Oversight Committee. Findings and recommendations must be reported annually until the project is complete. Upon receipt of the findings and recommendations, the Governor must determine if the financial plan remains feasible and sufficient to complete the project as described in the final environmental impact statement. ERP members are selected cooperatively by the chairs of the Transportation Committees of the House and Senate, the Speaker of the House, the Majority Leader of the Senate, the Secretary of Transportation, and the Governor. The Department must consider ways to minimize the cost of the ERP and report costs annually.

EFFECT OF CHANGES MADE BY TRANSPORTATION COMMITTEE (Recommended Substitute): The ERP must report findings and recommendations annually rather than every six months. The first report is due October 2011, rather than September 1, 2011. The ERP must also report to the Commission. The Department must consider ways to minimize the cost of the ERP and report costs annually.

Staff Summary of Public Testimony on Original Bill: PRO: The ERP created in 2006 reviewed the Alaskan Way Viaduct and SR 520 projects and verified the financial information for these projects. This bill will provide monitoring of the Alaskan Way Viaduct financial plan and allow facts to be used in evaluating the viability of the plan. It is the tenth anniversary of the Nisqually earthquake and the viaduct must be replaced. This panel could be dovetailed with the Governor's Oversight Committee.