WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

As to his question about transit agency’s plans for light-rail service: AG Opinion sides with Moeller

“The Attorney General’s Office finally responded to my request for a formal Opinion about state law regarding the provision of light-rail service by the Clark County Public Transportation Benefit Area.

“I requested an Opinion from the Attorney General, because I wanted to know if folks who are conversant in public-transit law felt that the operation of a light-rail system is allowable under the implementing statute for a public-transportation benefit area. I know that the Clark County Prosecuting Attorney’s Office has indicated that a transit agency seeking to operate a light-rail system must receive voter approval of such a system and financing plan for high-capacity transportation prepared pursuant to state law.

“I believed that C-Tran [the Clark County Public Transit Benefit Area Authority] has not, in fact, formed a regional transportation district with other districts. So it appears to me that there is no requirement for a public vote on the light-rail system. (ATG Opinion, Page 8, Paragraphs 2 & 3.)

“Unfortunately the Opinion arrived in my office Monday, July 1, which was after we finally wrapped up the 2013 Legislature and about six months after I requested the Opinion. Although it was late arriving, I think that their conclusion lines up with what I believe is the correct side in this matter.”