AGO Opinions

AGO 2009 No. 6

Mon, 21 Sep 2009 07:00:00 GMT

1. The statutory exemption from the permitting requirement for use in watering lawns and noncommercial gardens is not included within the exemption for domestic use. 2. The Department of Ecology lacks the authority to impose lower or different limits on exempt withdrawals of groundwater than are provided in statute by “partially withdrawing” the waters from additional appropriation. 3. The authority of the Department of Ecology to withdraw waters from new appropriations applies to both permitted and permit-exempt uses of groundwater. 4. The Interlocal Cooperation Act is not an independent source of agency authority.

AGO 2009 No. 5

Thu, 27 Aug 2009 07:00:00 GMT

Municipal sewer districts have statutory authority to use public funds to repair or replace side sewers located on private property if doing so will increase sewer capacity by reducing infiltration and inflow. Use of public funds to do so does not constitute an unconstitutional gift or loan of public funds if the district acts without donative intent and can demonstrate that the action will result in significant benefit to the public.

AGO 2009 No. 4

Tue, 28 Jul 2009 07:00:00 GMT

The Legislature’s repeal of statutes authorizing the formation of water distribution districts for irrigation and governing their operation, without making provision for existing districts, resulted in the dissolution of existing districts. Existing water distribution districts for irrigation were not reclassified as irrigation districts or water-sewer districts.

AGO 2009 No. 3

Wed, 22 Jul 2009 07:00:00 GMT

The National Labor Relations Act would preempt the provision of a proposed bill which would prohibit employers from requiring employees to attend certain meetings at which matters relating to “labor and other mutual aid organizations” are discussed.

AGO 2009 No. 2

Fri, 24 Apr 2009 07:00:00 GMT

Public housing authorities are “public bodies” as defined in RCW 39.10.210(12) and are therefore subject to the provisions of RCW 39.10.

AGO 2009 No. 1

Thu, 05 Mar 2009 08:00:00 GMT

The Public Works Board lacks the statutory authority to hire, supervise, evaluate, transfer, and fire staff assigned to it by the Department of Community, Trade, and Economic Development.

AGO 2008 No. 10

Mon, 03 Nov 2008 08:00:00 GMT

1. The maximum occupancy cost per square foot provision of subsection (8) of the capital budget authorization for the “Wheeler Block” development applies only to the “office building” component of the proposed project. 2. In calculating the occupancy cost per square foot on the “Wheeler Block” project, the calculation may be performed on both a square foot and a per employee basis, but it is not necessary to perform both calculations on the same structures. 3. The lease rate adjustment that is to be performed based on “level of service” should take into account differences in essential systems and general services that are typically provided to office tenants. 4. The total cost of the “Wheeler Block” facilities to be financed will effectively be limited by a guaranteed maximum price development agreement. 5. With respect to the Office of Financial Management (OFM) certification referred to in the budget authorization for the “Wheeler Block” project, the Legislature assumes that OFM will properly exercise its discretion in making the certification; the law does not permit the state Treasurer to reject the certification as “inaccurate.” 6. A properly drafted financing contract that complies with RCW 39.94 and which is accompanied by (1) a properly drafted Finance Committee resolution and (2) properly drafted transaction and offering documents will not create state indebtedness; the use of 63-20 financing would not change this result. 7. Facilities that are constructed under properly authorized and structured “63-20 financings” do not constitute “public works” under RCW 39.04.

AGO 2008 No. 9

Thu, 23 Oct 2008 07:00:00 GMT

1. For the purposes of Laws of 2008, ch. 278, § 1(3), a person who offers to purchase a distressed home, and no more, does not thereby become a “distressed home consultant.” 2. For the purposes of Laws of 2008, ch. 278, §§ 2, 3, a real estate licensee would likely become a “distressed home consultant” if the real estate licensee contacts the distressed homeowner’s lender to arrange a “short sale” in which the homeowner’s debt to the lender will be discharged for the amount of the sale price of the home when the sale price is less than the homeowner owes on the loan. 3. For the purposes of Laws of 2008, ch. 278, §§ 2, 3, a real estate licensee becomes a “distressed home consultant” by performing licensed activities in connection with a real estate transaction when the property involved is a “distressed home,” if the licensee (1) solicits the owner; (2) offers to perform a service on the owner’s behalf; and (3) represents that the service will satisfy one or more of the conditions listed in Laws of 2008, ch. 278, § 1(3)(a).

AGO 2008 No. 8

Mon, 13 Oct 2008 07:00:00 GMT

RCW 9.41.290 preempts a city’s authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities.

AGO 2008 No. 7

Fri, 19 Sep 2008 07:00:00 GMT

1. The board of county commissioners is required to canvass petitions seeking to remove the county seat; the board may not delegate the discretionary elements of the canvassing process. 2. Canvassing of signatures on a petition to remove the county seat by the board of county commissioners is action that must be taken at a properly called meeting as set forth in the Open Public Meetings Act. 3. There is no statutory limit on the amount of time that may elapse between the date that a petition to remove a county seat is signed and the date when the petition is submitted to the county legislative authority. 4. Signatures on a petition to remove the county seat may be withdrawn, and serial petitions adding signatures may be submitted, prior to the statutory deadline for filing any removal petition.

AGO 2008 No. 6

Thu, 17 Apr 2008 07:00:00 GMT

A city, county, and university have the authority to enter into an interlocal agreement under which the city would contract to use the services of the university’s extension program with the county to provide educational programs and other services concerning the potential effects of climate change.

AGO 2008 No. 5

Thu, 27 Mar 2008 07:00:00 GMT

1. A county health board may lawfully order the fluoridation of a water supply system owned and operated by a public utility district and located within the county’s jurisdiction. 2. Subject to constitutional requirements, a county health board may lawfully order a public utility district to fluoridate a discrete portion of the PUD’s water supply system. 3. A county health board may enact a regulation requiring the fluoridation of water supply systems generally but, subject to constitutional requirements, a generally applicable regulation is not prerequisite to the issuance of enforcement orders on the subject. 4. A county health board may lawfully order the fluoridation of a water supply system where the order is contingent upon a third-party source of funding for the fluoridation process.

AGO 2008 No. 4

Mon, 24 Mar 2008 07:00:00 GMT

The licensing exemption provided in RCW 19.28.091(1) applies to any entity employed by a utility to perform the type of work described in the statute, whether the electrical work is performed by the prime contractor directly or by a subcontractor.

AGO 2008 No. 2

Wed, 30 Jan 2008 08:00:00 GMT

1. RCW 79.64.110(3) allows a school district to transfer surplus state forest land revenue in its debt service fund to a district capital projects fund, to the extent that such funds have not been pledged or are not otherwise necessary to satisfy the district’s bond obligations. 2. For purposes of applying RCW 79.64.110, the Department of Natural Resources and the State Treasurer may be a source of records sufficient to determine how much forest land revenue has been credited to each school district in a given period of time.

AGO 2008 No. 3

Wed, 30 Jan 2008 08:00:00 GMT

If a taxing district gains voter approval for a multi-year property tax levy lid lift as permitted by RCW 84.55.050 and does not specify that the levy is for a limited period of time or for a limited purpose, subsequent levy lids will be calculated using the actual amount levied by the district in the final year of the period covered by the levy lid lift, adjusted thereafter by the statutory limit factor and by any additional factors applicable under the law.