February 10, 2025
I-2066 in effect for over two months, but government continues to ignore the law
Initiative 2066 protecting natural gas as an energy source went into effect on Dec. 5, but government agencies at the state and local level are refusing to comply.
Despite the fact that two million voters passed I-2066 in November, the Washington State Building Code Council (SBCC), local building officials, and others continue to punish new construction that utilizes natural gas.
SBCC fails to uphold the law
Shortly after the initiative passed, the Building Industry Association of Washington (BIAW) sent several suggestions to help the SBCC modify the 2021 state energy code (WSEC) to comply with I-2066.
Since I-2066 went into effect, the council has refused to make changes to the existing 2021 WSEC. The council has denied BIAW’s request for the SBCC to enter into emergency rulemaking to implement the law. That means penalties for using natural gas still exist—despite the will of the voters.
Hearing on lawsuit scheduled for Friday
Due to the SBCC’s failure to act, BIAW filed a lawsuit in Thurston County Superior Court on Dec. 6, asking the court to rule that I-2066 directs the State Building Code Council to modify the existing state energy codes to allow natural gas appliances and infrastructure, and to treat natural gas as equal to electric.
“Initiative 2066 is now law,” said BIAW Executive Vice President Greg Lane. “Yet the members of the State Building Code Council are ignoring their duty by refusing take action. The arrogance of these individuals is shameful. They consider themselves to be above the law. Initiative 2066 was clear in prohibiting governments from banning, disincentivizing or discouraging the use of natural gas. We are asking the court to direct the SBCC to bring the energy code into compliance with the law that the voters passed.”
Thurston County Superior Court will hear the state’s motion to dismiss the case on Feb. 14. The court will begin hearing cases at 9 a.m.,but BIAW expects its case to come up around 10:30 am.
Court documents:
* Response to motion to dismiss
Local governments, climate activists and green energy businesses challenge
King County Superior Court will hear a constitutional challenge to I-2066 on March 21. A group of local government officials, green energy businesses and climate activists filed the lawsuit in early December.
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.
“We are hopeful that a decision in BIAW’s favor will move the SBCC and municipal jurisdictions to address the unenforceability of natural gas restrictions in the current code,” said BIAW VP General Counsel Ashli Penner. “Many are using the mere challenge to I-2066 as a justification to avoid action on natural gas infrastructure.”
Kudos to local jurisdictions upholding the law
Several municipal jurisdictions have adopted policies for granting individual modifications to the 2021 energy code to comply with the sections of I-2066 that prevent counties, cities, towns, and local air agencies from prohibiting, penalizing and discouraging natural gas.
“Unfortunately, many municipal jurisdictions are refusing to modify their adherence to the 2021 WSEC because the SBCC refuses to take action,”Penner said.
