- Washington State Department of Transportation
- The Tacoma News Tribune says that the state isn't paying for any Bertha overruns. State officials say Seattle isn't paying for cost overruns. SO WHO'S PAYING FOR COST OVERRUNS?
The Tacoma News Tribune ran an anxiety-inducing editorial earlier this week. The headline for the piece read, "Law is clear: Bertha overruns are not state burden," and it argued that the state shouldn’t be responsible for paying any cost overruns—even if the tunnel contractor doesn’t absorb them.
Not quite as forthright as "You’re about to get fucked, Seattle," but okay. As evidence, the TNT's authors dredged up the 2009 decision from the legislature that put a $2.8 billion cap on tunnel spending from the state. And while acknowledging that Governor Inslee has said the requirement is unenforceable, the editorial also issued this coded threat: "If things turn out badly beneath Seattle, state lawmakers will have to teach a refresher course on the original deal."
Wasn't that refresher course supposed to have already been taught, with different lessons? Mayoral spokesperson Jason Kelly reminded us that both "the Seattle City Attorney and the state Attorney General have said the legislature's provision to push cost overruns onto to the city is unenforceable."
But the TNT also argued that the only people who say it's unenforceable need Seattle votes. Non-Seattle legislators might have other priorities.
State Department of Transportation spokesperson Lars Erickson forwarded along a statement that still stuck to holding the contractor to the overrun issue. "The City of Seattle is not providing funds toward the tunnel project," the statement read. "There are other ways to access the machine and if the contractor changes course, they will assume the risk associated with that choice."
But that 2009 law is still on the books. And, as my predecessor Dominic Holden pointed out in his 2010 piece on cost overruns, this could turn into a legislative fight. (But not before it potentially turns into a fight between the contractor and WSDOT.)
If it does, House transportation chair Judy Clibborn (D-Mercer Island) seems to strike a clear tone about keeping Seattle out of the line of fire. When The Stranger reached out for her take, she issued a statement that warned against early speculation regarding the cost overruns. "However, if there are cost overruns, Seattle will not be the one paying them," the statement read. "The legislation states that they will be borne by the region that benefits from the tunnel project. Given the significant implications for statewide trade and commerce, that means the State—not Seattle—is legally responsible."
Encouraging, somewhat.
UPDATE: Not so fast! Senate Majority Leader Mark Schoesler (R-Ritzville) just sent along a statement that attempts to contradict much of what I just wrote: "State taxpayers are not responsible for cost overruns. Transportation Sec. Lynn Petersen has assured lawmakers that is the WSDOT position. House Speaker Frank Chopp and former state Sen. Ed Murray were instrumental in making sure those guaranteed protections were in the contract."
It's gonna get ugly.