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2013 Washington Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagwa2013 and id is 1 raw text is: (('y' iI CO)   Bob Ferguson 2013-2016 | Attorney General of Washington
TRANSPORTATION-Voter Approval Requirement For High Capacity
Transportation System Plan
A transit agency seeking to establish high capacity transportation
service that does not intend to rely upon local option revenue sources
authorized by RCW 81.104.150 through .170 is required to obtain voter
approval of its system plan only if the transit agency participates in a
joint regional policy committee. Voter approval of the system plan is
not required if the transit agency participates in a regional policy
committee.
July
1,
2013
The Honorable Jim Moeller                      Cite As:
State Representative, District 49              AGO 2013 No. 1
PO Box 4o6oo
Olympia, WA 98504-o6oo
Dear Representative Moeller:
By letter previously acknowledged, you have requested our opinion on a question
I have paraphrased as follows:
Must a transit agency that elects to establish high
capacity transportation service under RCW 81.104
obtain voter approval for its high capacity
transportation system plan and financing plan even
if the transit agency does not propose to use the
dedicated funding sources provided for in RCW
81.104?
BRIEF
ANSWER
Under the statutory language, the answer depends on whether the transit agency
seeking to establish high capacity transportation service has formed a regional
policy committee or instead participates in a joint regional policy committee. RCW
81.104.03o requires only transit agencies that participate in a joint regional policy
committee to obtain voter approval of their system plan and financing plan for high
capacity transportation service. The legislature directed more populous counties to
form joint regional policy committees for the purpose of developing regional high
capacity transportation service. Transit agencies that are not required to participate
in joint regional policy committees are not required to obtain voter approval for
their system plan and financing plan (but they must obtain voter approval if they
seek to finance their plans through any of the dedicated funding sources identified
in statute).

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