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I-2066 becomes law – but what’s next?

December 5, 2024

Washington’s new energy choice law went into effect on Dec. 5 but questions remain around what’s next?

Here’s what we know:

  • Secretary of State Steve Hobbs officially certified the election on Dec. 4.
  • Initiative 2066 became law on Dec. 5.
  • The new law itself is very simple: It protects natural gas as an energy choice and prohibits natural gas bans, restrictions or disincentives in any form anywhere across the state.

But some policymakers and code officials are trying to make things more complicated.

BIAW has laid the groundwork

BIAW’s General Counsel Ashli Penner has written letters to the Washington State Building Code Council as well as to local building officials and elected officials. The letters provide multiple options to comply with the law. She also sent letters to county prosecutors and city attorneys, asking for their help in ensuring compliance.

What’s next?

BIAW’s legislative director Andrea Smiley has also worked closely with experts on the code to develop several guidance documents for BIAW members to work with their local building officials.

United States Department of Housing and Urban Development (HUD) loan requirements go into effect in 2025—unless building in Okanogan and/or Whitman, which are considered a persistent poverty rural area (giving an extra 24 months until compliance kicks in). Jurisdictions do not have to comply with new HUD requirements, This requirement falls on builders/developers if they want their homes purchased with a HUD loan (the most common being FHA).

  • HUD will require the 2021 IECC as soon as November 28, 2025 (for SF) on any new home built and then purchased using a HUD loan.
    • Specific HUD loan programs have different events that trigger different compliance dates. See more here.
  • Utilizing the 2024 IECC (a fuel source neutral code) would put jurisdictions in compliance with 2066 and surpass the HUD requirements of using the 2021 code. This alternative is endorsed by HUD.
  • The 2021 IECC is NOT compliant with I-2066, as it discourages/penalizes/discourages natural gas.

What should builders expect when filing permit applications?

As of today, local building departments should not be enforcing any penalties for permit applications that include natural gas service. Local officials are required to follow state law.

Questions?

Please let us know which jurisdictions are still enforcing the 2021 Washington State Energy Code in violation of our new law.

If you have any questions or need help navigating compliance with the new law, please contact BIAW Legislative Director Andrea Smiley (AndreaS@BIAW.com).

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