Salt Lake Mayor Rocky Anderson has agreed not to be involved in any future litigation over the Legacy Highway in Davis County.
In exchange, Davis County legislators have dropped their opposition to a bill that would transfer $2.4 million from state coffers to Salt Lake City's bank account.
"It's a win all the way around. Environmentalists get access. We'll look at other solutions. The mayor has had his day in court; we'll go ahead with Dave Ure's bill," said Rep. Stuart Adams, R-Layton.
HB271 was taken out of the House Rules Committee today and was scheduled for a late-morning vote. Adams said he expected the bill to pass. Anderson only promises not to sue if the bill is signed into law.
The measure, sponsored by Ure, R-Kamas, would return sales tax money that originated in Salt Lake City but was transferred to state coffers to help fund a light-rail extension to the airport. That spur was never built.
Davis County lawmakers had opposed the bill and sent it to the rules committee, where bills often are sent to die. Adams led the opposition, saying the $2.4 million could be used to offset Legacy Highway costs, which have escalated since a successful lawsuit by the Sierra Club, People for Better Transportation and Anderson stalled construction.
The 10th Circuit Court of Appeals in Denver agreed with the environmental groups and Anderson, ruling that state engineers didn't consider all the environmental impacts associated with building the highway.
Also, representatives of the Sierra Club and People for Better Transportation promised litigation would be a last resort in future Legacy disputes.
Sierra Club representative Nina Dougherty stressed that the commitment to first consider other avenues, such as arbitration or non-binding mediation, would have to be approved by the Sierra Club's national governing body and a local committee.
Adams said most involved want binding arbitration but the Federal Highway Administration has balked at that, so mediation might be the only option.
The environmental groups, however, still have the option to sue again.
Another part of the deal calls for the Utah Department of Transportation to lobby the Highway Administration to conduct a more open process and bring the environmental community to the table as they begin a new environmental impact statement for the highway. That EIS will take about a year or more to complete.
The overall goal, Adams said, is to avoid further costs and delay.
Davis County Commissioner Dan McConkie said from Washington, D.C., that the deal is a good one and that the $2.4 million rightfully belongs to Salt Lake City.
"My thinking all the way along was the money was clearly Salt Lake City's," he said. "I applaud Rocky and Stuart for coming together and reaching a compromise."
While House opposition to HB271 appeared to be resolved, the bill might face a battle in the Senate. There, Sen. James Evans, R-Salt Lake City, has promised to block the bill because he claims municipal government isn't addressing the concerns of west-side residents.
However, since Evans announced his opposition, Anderson has taken steps to alleviate Evans' concerns. Evans said today he was pleased with the steps but added there were a few issues that still needed to be addressed before he would drop his opposition.
Salt Lake City needs the money. It is facing a budget deficit that could reach $7 million.
E-MAIL: bsnyder@desnews.com