AGO Opinion Topics: STATUTORY CONSTRUCTION

1.When categorizing proposed construction projects for purposes of funding pursuant to RCW 47.05.030 and 47.05.051, the Transportation Commission does not exceed its authority when it lists a project that includes both rehabilitation of an existing bridge and construction of a new bridge and new approaches in category C (major improvements) rather than in category A (repairs) or category H (bridge improvements).2.Where an administrative agency exercises delegated authority to assign proposed construction projects among several categories, and a particular project could logically fit into any of several categories, the agency may properly look to the primary thrust of the proposed project in assigning it to a category, and a reviewing body will generally defer to the agency's judgment in such a matter.