‍Olympia…As the Washington State Building Code Council(SBCC) continues to refuse to update the state’s energy code to bring it into compliance with Initiative 2066, builders filed a new lawsuit to force council action.  

The latest lawsuit by the Building Industry Association of Washington (BIAW), filed Feb. 21 in Thurston County Superior Court, asks the court to require the SBCC to enter into emergency rulemaking to speed compliance with Initiative 2066.

 “The state’s new energy choice law allows customers to decide if they want natural gas in their homes or businesses,” said Greg Lane, BIAW’s  Executive Vice President. “It is irresponsible and a dereliction of duty for the council notto be taking immediate action to bring the energy codes into compliance with the law.  We shouldn’t have to be going to court to force the council to follow the law.”

 At its Feb 21 meeting, the council considered a draft web statement, maintaining that, until they adopt any changes to the codes, “the current 2021 codes will remain in place.” 

 “The current codes are illegal and the council should be working to comply with the law,” Lane said. “Their continued inaction has real consequences for new and existing home owners who want affordable and reliable natural gas for cooking,warming their water and heating their homes.”

 Constitutional Challenge Continues

While BIAW continues its legal work to hold the state accountable in allowing builders to use natural gas in their projects, a constitutional challenge to I-2066 continues. King County Superior Court will hear that case on March 21, 2025.

As the sponsor of the initiative, BIAW has joined as a defendant-intervenor in the case, working with the state Attorney General’s Office to uphold the will of the voters.

Other ongoing efforts 

BIAW and local home building associations continue to work through other state and local avenues to uphold the law.  If you need help working with your local building officials, please reach out to AndreaS@biaw.com.