Alaskan Way Viaduct legislation is headed for the governor

OLYMPIA — Legislation that calls for replacing the Alaskan Way Viaduct with a deep-bore tunnel has passed the state Legislature and is headed for the governor.

The bill, which directs the state to replace the viaduct with a deep-bore tunnel under First Avenue passed the Senate by a 39-9 vote without debate. The measure, Senate Bill 5768, passed the House earlier.

Gov. Chris Gregoire has said she supports the legislation.

The Senate accepted a controversial provision in the viaduct bill — added in the House at the insistence of Speaker Frank Chopp — that requires Seattle property owners to pay for any cost overruns related to digging the tunnel. Several lawmakers opposed the amendment but voted for the underlying bill anyway.

Supporters of the legislation argued it's unlikely there will be any cost overruns because of padding built into the budget to deal with unexpected costs.

The city of Seattle has committed to raising $930 million for its share of the overall project, including a new Elliott Bay sea wall, promenade and other surface improvements.

Seattle Mayor Greg Nickels has said the city might use a downtown property tax, along with other taxes, fees and grants, to cover those costs.

Friday's vote caps years of debate over the best approach to replacing the viaduct.

Talk of replacing the 50-year-old waterfront freeway intensified after the 2001 Nisqually earthquake left it damaged.

Lawmakers, transportation officials and city leaders have argued since then over whether to build another elevated roadway, dig a tunnel or create some kind of surface alternative.

The governor, the city of Seattle, King County and key downtown interest groups aligned earlier this year to endorse the tunnel. The project and related work are projected to cost $4.3 billion, including $3.1 billion for a stacked four-lane tunnel and an elevated segment through the Sodo area.

The viaduct bill caps state funding for the tunnel at $2.4 billion, subject to reconsideration after a review panel updates the cost estimate.

It also states that for costs more than that amount, "no more than $400 million of the additional costs shall be financed with toll revenue. Any costs in excess of ($2.8 billion) shall be borne by property owners in the Seattle area who benefit from replacement of the existing viaduct with the deep-bore tunnel."

Andrew Garber: 360-236-8268 or agarber@seattletimes.com