Slog

News & Arts

The Stranger Suggests

Critics' Best Bets
Music Arts & Food


Line Out

Music & the City
at Night

Thursday, August 4, 2011

Lawsuit: State Can't Use Narrow Exemption to Shield Tunnel's Financing Costs

Posted by on Thu, Aug 4, 2011 at 10:28 AM

The state cannot claim that it's "deliberating" over the contents of a document as an excuse for withholding that entire document from public scrutiny. That's the gist of a lawsuit filed today that would compel the Washington State Department of Transportation to divulge the deep-bore tunnel's most detailed financing plans to date.

Interest and other financing will add billions to the $4.2 billion project's eventual cost to taxpayers—but the exact amount hasn't been released publicly. However, if it doesn't say anything bad, and the state has the records in its hands, why not share them before the tunnel vote on August 16?

Representing anti-tunnel group Protect Seattle Now, attorney Gary Manca's lawsuit filed today in King County Superior Court repeatedly cites the state's Public Record's Act's robust deference toward disclosing records and providing judicial review for the sort of information that can be legally extracted for public view. These record should be released "even though such examination may cause inconvenience or embarrassment to public officials or others," the laws says.

But on July 19, highway officials insisted on shielding the financial plan for the deep-bore tunnel on the basis that the department was involved in a "deliberative process" with the Federal Highway Administration.

Manca's suit contends that the "deliberative process" exemption may used shield policy recommendations and opinions, but not facts. "Factual matters and raw data do not fall under this narrowly construed exemption," he writes. "It is rare for an entire 60-page document such as the Finance Plan to contain zero factual information or raw data."

Twelve days before a city election on the deep-bore tunnel, Manca specifically wants to know "how much the tunnel would cost over the years of construction, how much money would need to be financed with bonds, the cost of interest on the bonds, and projected revenues available to meet the debt-service payments."

Preliminary estimates from 2009, for only about half of the project's baseline costs, suggest financing will cost $1.9 billion. But the final plan must also consider dropping revenue forecasts from gas taxes and specify means to finance $400 million on tolling bonds.

In June, the state's Office of Financial Management forecast that gas consumption would drop by 27 percent by 2027, which Manca says could result in $4.6 billion less revenue for the state—affecting the tunnel's long-term cost.

Also pertinent, state law specific to the Alaskan Way Viaduct that says "it is important that the public and policymakers have accurate and timely access to... information regarding costs," Manca notes. "As Seattle voters contemplate whether the tunnel is a good deal for Seattle and whether to green light the City Council to go ahead with it, nothing looms larger than the project’s costs, the state’s projected revenues, and Seattle taxpayers’ liability for all costs above the state’s cap."

"This public record that WSDOT has chosen to conceal from the public eye is precisely the sort of information about this project’s costs that the legislature believed to be so important," the brief continues.

WSDOT has released preliminary estimates on project financing before, Manca says, including records on viaduct replacement financing in 2006 and twice for the 520 bridge replacement.

 

Comments (8) RSS

Oldest First Unregistered On Registered On Add a comment
1
I'm not generally a believer in conspiracies in government -- the people involved aren't usually smart enough or loyal enough to pull it off. But this tunnel thing sure smells fishy.

I get that it doesn't do much good, and that it will cost dramatically more than other options.

So who is it that's running this campaign of lying ("it will fund public transit" / "it won't have tolls") and secrecy? Is it just people who stand to financially benefit? It's all so blatant, yet the profit motive isn't clear to me.
Posted by also on August 4, 2011 at 10:53 AM
crazycatguy 2
What's so bad about Seattle getting back some of the tax money from the state we've been shelling out for decades?
Posted by crazycatguy on August 4, 2011 at 11:40 AM
Baconcat 3
The state and local interests used poor financing and risk to obstruct transit in this region, from Conlin/Nicastro shuttering the Monorail to Ron Sims causing Sound Transit to scale back.

Thankfully, Sound Transit could scale back, and it has. It's not the termination sought by some, but they did critically damage it for a time.

On the other hand, what can the tunnel do to scale back work if money never materializes? They cut transit, seawall work was put on Seattle and surface road work to handle tunnel related traffic is a mystery.

The point is this: there is no room for error. No more can be cut. Unlike ST, this project can't be scaled back. If the TBM starts, so does the bill... and your name's on it.
Posted by Baconcat on August 4, 2011 at 11:51 AM
gloomy gus 4
Gary Manca is one of the Manca's Cafe family who gave the world the Dutch Baby during the first part of the last century. If I were the judge and learned this, I would have a very difficult time ruling against him no matter what I thought of his arguments.
Posted by gloomy gus on August 4, 2011 at 11:53 AM
5
@2: Uh, the way it's being spent? Would you be equally enthusiastic if the money was being returned in the form on a 500' tall statute of GWB squatting over I-5? The goal is not to spend money. The goal is to have sane transit policy.
Posted by also on August 4, 2011 at 1:14 PM
Will in Seattle 6
Not enough cash to finance both the 520 bridge and the Deeply Borrowed Tunnel with a Baa rating for the bonds.

Got Billions?

Cause your share for every Seattle household, renter or owner, even if you never use it, will be $10,000.

Period.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on August 4, 2011 at 1:50 PM
7
@6: I'm anti-tunnel, but that'a a vacuous argument. The lifetime of the tunnel will be at least 30 years. $10k/30 years = $333/year. Still more than I'd volunteer. But infrastructure is part of the local economy -- talking about "whether you use it or not" is silly. I don't use the 520 bridge. Does that mean I shouldn't be contributing to its upkeep? What about all the people who *don't* use the street I live on -- are they being ripped off when the city repaves it?
Posted by also on August 4, 2011 at 3:43 PM
Will in Seattle 8
It is a true statement.

You got the cash?

And want to spend it on something proven to increase commute time, increase congestion, and make things worse than what we have now?
Posted by Will in Seattle http://www.facebook.com/WillSeattle on August 9, 2011 at 1:27 PM

Add a comment

Advertisement
 

Want great deals and a chance to win tickets to the best shows in Seattle? Join The Stranger Presents email list!


All contents © Index Newspapers, LLC
1535 11th Ave (Third Floor), Seattle, WA 98122
Contact Info | Privacy Policy | Terms of Use | Takedown Policy