WSR 09-08-097


[ Filed March 31, 2009, 10:12 a.m. ]



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The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 09-03-08

Request by Honorable Doug Ericksen

State Representative, 42nd District

1. Does the Puget Sound Clean Air Agency (PSCAA) have authority to enact regulations requiring the registration of, and reporting of emissions by, diesel fleets within its service area and to impose a fee upon them under RCW 70.94.151 when that statute appears to confer such authority for diesel fleet registration fees exclusively on the Department of Ecology?

2. Is PSCAA's enactment of a regulation pertaining to diesel fleet registration/reporting and the imposition of fees preempted by 49 U.S.C. 14501(c)?

3. If PSCAA may operate a diesel fleet registration/reporting program and impose fees, must such fees be confined to the support of the registration/reporting functions only, as stated in RCW 70.94.151(2)?

Washington State Code Reviser's Office