Initiative 2066 – What’s the latest?
January 7, 2025
Washington’s new energy choice law went into effect on Dec. 5 and many wonder what’s the latest?
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.
Despite this, some policymakers, special interest groups and code officials are trying to make things more complicated. Others have developed appropriate guidance to help builders move forward with projects for their clients who wish to incorporate natural gas.
What’s the latest?
BIAW’s General Counsel Ashli Penner has written to the Washington State Building Code Council as well as to local building officials and elected officials. BIAW has provided multiple options to comply with the law. The association has also contacted county prosecutors and city attorneys, asking for their help in ensuring compliance.
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.
- Cascade Natural Gas’ Pathway to Energy Credits under the 2018 Washington State Energy Code
- I-2066 and 2021 WSEC-Residential Code Conflicts and Solutions
- Model Ordinance for Addressing Conflicts Between Initiative 2066 and the 2021 Washington State Energy Code
Local governments provide compliance guidance
Section 10 of I-2066 says:
“A county shall not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.”
Several counties have already taken action to comply.
“Kudos to those county leaders who’ve listened to voters and adjusted their guidance appropriately,” said BIAW Executive Vice President Greg Lane. “We encourage others to follow suit and follow the law.”
Clark County
To comply with Sec. 10, Clark County implemented a temporary solution to align with the intent of the law, pending the Washington State Building Code Council’s (SBCC) legal ability to amend the Washington State Energy Code (2021 WSEC).
In this interim solution, Clark County’s WSEC Credit Selection Form increases the credit for gas furnaces from 0 to 1.5, making them as attractive as the typical heat pump. When submitting a residential permit for new home construction and additions (NHC/ADS) and associated documentation, applicants should use the WSEC Credit Selection Form available on their website (Residential forms and checklists | Clark County).
Pierce County
Pierce County has developed a Technical Bulletin outlining its guidance, including how they are interpreting the application of energy equalization credits. In addition, they have amended their Single-Family Worksheet to accompany all permit submittals.
According to a bulletin they issued in late December, “This approach intends to ensure that there is no discrimination toward the source of energy used, viewing electric and combustion equipment in the same manner.”
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.
Dueling lawsuits
The Washington State Building Code Council has yet to start rulemaking to implement the new law. BIAW has filed a lawsuit asking the court acknowledge the law and need for emergency rule-making.
Shortly after BIAW filed its lawsuit, I-2066 opponents filed suit challenging the constitutionality of the new law. While the Attorney General’s Office must defend against this challenge, BIAW has filed to intervene in the suit.
Questions?
BIAW continues to work with local jurisdictions to help them comply. 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).