5768-S.E AMH MORR LEAT 091

ESSB 5768 - H AMD TO TR COMM AMD (H-3051.1/09) 815

By Representative Morris

NOT ADOPTED 4/22/2009

    On page 1, beginning on line 21 of the striking amendment, strike all material through "improvements." on page 2, line 12, and insert "While the department and stakeholder process considered many options, including the deep bore tunnel alternative, as jointly proposed by the state, city, and county departments of transportation and recommended by the governor, King County, and city of Seattle in a letter of agreement dated January 13, 2009, there still remain many concerns regarding the deep bore tunnel's cost, capacity to adequately and efficiently move people and goods, and access to the state route 99 corridor.

    Notwithstanding these concerns, the legislature finds that time is of the essence, and that the state cannot wait for a disaster to make it fully appreciate the urgency of the need to replace this vulnerable structure.

    (2) Subject to subsections (3) and (4) of this section, the state shall take the necessary steps to expedite the environmental review and design processes to replace the Alaskan Way viaduct with a deep bore tunnel under First Avenue from the vicinity of the sports stadiums in Seattle to Aurora Avenue north of the Battery Street tunnel.  The tunnel must include four general purpose lanes in a stacked formation.

    (3)(a) The state route number 99 Alaskan Way viaduct replacement project finance plan must include state funding not to exceed two billion four hundred million dollars.  For purposes of this section, the state route number 99 Alaskan Way viaduct replacement project includes all building blocks and elements of the Alaskan Way viaduct replacement project along the state route 99 corridor, as proposed by the state and affected city and county departments of transportation and as described in the January 13, 2009, letter, including but not limited to construction of the deep bore tunnel, removal of the existing viaduct structure, right of way purchase, design, engineering, environmental review, surface street and transit enhancements, and any related work north and south of the existing viaduct structure.

    (b) State funding for the Alaskan Way viaduct replacement project is subject to the following requirements and limitations:

    (i)  State funding for any aspect of the replacement project shall not be increased for any reason, including but not limited to revised costs or revenue estimates, cost overruns, or unforeseen circumstances; 

    (ii) All costs associated with city utility relocations for state work as described in this section must be borne by the city of Seattle and provided in a manner that meets project construction schedule requirements as determined by the department; and

    (iii) State funding is not authorized for any utility relocation costs, or for central seawall or waterfront promenade improvements.

    (4)(a) The department is authorized to work on any element of the Alaskan way viaduct replacement project that is consistent with its responsibilities as defined in the January 13, 2009, letter of agreement, described in subsection (1) of this section, and is also design neutral and compatible with any replacement design alternative for the existing viaduct structure. The department is also authorized to proceed with preliminary design, engineering, and other work necessary to prepare for construction of the tunnel, including but not limited to conducting test boring, environmental impact analysis, and soil analysis, and executing a contract for construction of the deep bore tunnel machine.

    (b) Except as provided in (a) of this subsection, the department is not authorized to work on any element of the Alaskan way viaduct replacement project that is inconsistent with its responsibilities as outlined in the January 13, 2009, letter of agreement, described in subsection (1) of this section, and is not design neutral or compatible with any replacement design alternative for the existing viaduct structure, and state funding shall not be obligated and shall remain in an unallotted status until the following conditions are met:

    (i) The department and the city of Seattle execute a binding agreement in which the city agrees to fund any cost overruns related to work undertaken by the department on the Alaskan Way viaduct replacement project that exceed two billion four hundred million dollars;

    (ii) The city of Seattle develops a finance plan that fully secures local funding sources sufficient to meet its pledged contribution to the project of over nine hundred thirty million dollars and any additional risk or contingency funding necessary to provide for potential cost overruns described in (a) of this subsection.  For purposes of this subsection, "fully secures" means that the legislative authority of the city has taken every step necessary to approve, implement, and obligate any funding source necessary to meet the city's obligations as described in this subsection, including obtaining, if necessary, voter approval of any funding source included in the finance plan; and

    (iii) The agreement and finance plan as described in (b)(i) and (ii) of this subsection have been approved by the legislature during the 2010 regular legislative session."

    Renumber the remaining subsections consecutively and correct any internal references accordingly.

    On page 3, beginning on line 1, strike all of subsection (6)

    On page 3, beginning on line 6, strike all of section 2 and insert the following:

    "NEW SECTION.  Sec. 2.  (1) The state department of transportation and affected city and county departments of transportation must jointly prepare an access study for a state route number 99 deep bore tunnel for the purpose of evaluating how access for neighborhoods along the state route 99 corridor will be impacted by the deep bore tunnel alternative.  In evaluating the impact on access, the departments of transportation must conduct public outreach with affected neighborhoods and property owners and develop recommendations for preserving neighborhood access to state route 99. 

    (2) By December 1 2009, the departments must submit a joint report on the results of the access study described in subsection (1) of this section, including recommendations for preserving neighborhood access, to the governor and the legislature."

    On page 3, beginning on line 24, strike all of section 3

    Renumber the sections consecutively and correct any internal references accordingly.

EFFECT:

          (1) Strikes the existing provisions establishing that the state

              will proceed with construction of a deep bore tunnel at a cost not to exceed $2.4 billion plus $400 million in tolls, and provides the following: 

· Provides that state funding, not to exceed $2.4 billion, for a deep bore tunnel shall not be increased for any reason, including cost overruns.

·   Authorizes the Department of Transportation to work on any element of the replacement project consistent with its responsibilities, as agreed to by the Governor, city, and county, if such work is design neutral and compatible with any viaduct replacement alternative.  Further authorizes the Department to proceed with preliminary work necessary to construct the tunnel, including conducting test boring and executing a contract for construction of the deep bore tunnel machine.

·   Makes the Department's authorization to work on elements of the project that are not design-neutral subject to several conditions, including: the Department and city of Seattle must execute a binding agreement in which the city agrees to fund any cost overruns related to work undertaken by the Department; the city must develop a finance plan that fully secures funding for its commitment to the project and also any additional potential cost overruns related to work undertaken by the Department; and both the agreement and finance plan must be approved by the legislature during the 2010 legislative session. 

·   Removes the provision providing that at least $400 million in toll revenue must be included in the project finance plan. 

·   Removes the provision establishing that the state, city, and county departments of transportation are responsible for the cost, delivery, and associated risks of the project components for which each department is responsible.          

              (2) Removes the traffic and revenue plan, and directs the

                 state, city, and county departments of transportation to    

                 jointly prepare an access study to evaluate how access for  

                 neighborhoods along the state route 99 corridor will be

                 impacted by the deep bored tunnel alternative.  Requires    

                 that a joint report be submitted to the legislature by December 1, 2009.

              (3) Strikes the provision that conditions the state's

                 contribution of up to $50 million to the South Spokane viaduct project on the city's completion of certain city  

                 street improvements.

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