In Washington state, a significant legal battle is unfolding between the Building Industry Association of Washington (BIAW) and the Washington State Building Code Council (SBCC).

The dispute centers on the implementation of Initiative 2066 (I-2066), a voter-approved measure from November 2024 that mandates continued access to natural gas for residents and businesses. The BIAW contends that the SBCC has not acted swiftly to amend state energy codes in line with the new law, leading to a series of lawsuits and ongoing debates.

Background on Initiative 2066

Initiative 2066 was introduced to counteract previous state policies aimed at reducing natural gas usage in new constructions. The initiative prohibits state and local governments from restricting or discouraging natural gas use, ensuring that consumers retain the choice of energy sources for heating, cooking, and other applications. The measure passed with approximately 52% voter approval, reflecting a divided public opinion on energy policies.

BIAW’s Legal Actions

Following the passage of I-2066, the BIAW urged the SBCC to promptly revise existing energy codes to align with the new law. The association argues that the current codes, which favor electric heat pumps over natural gas systems, contradict the voters’ decision. On December 6, 2024, after perceiving inaction from the SBCC, the BIAW filed a lawsuit in Thurston County Superior Court. The suit seeks a declaratory judgment compelling the SBCC to modify the energy codes accordingly and to undertake emergency rulemaking to expedite the process.

Greg Lane, Executive Vice President of BIAW, emphasized the urgency of the matter: “Millions of voters have spoken, and Initiative 2066 is now law. The members of the State Building Code Council have a duty and obligation to follow state law.”

SBCC’s Response and Judicial Proceedings

The SBCC has expressed the need for a thorough review before implementing changes to the energy codes. During a meeting Building  on November 22, 2024, the council decided to address the requirements of I-2066 through its standard rulemaking process, opting against emergency rule adoption. This approach means that the existing 2021 energy codes remain in effect while the council deliberates on potential amendments.

Council member Kjell Anderson highlighted the complexity of the situation, stating, “I think there’s a great deal of uncertainty about the meaning of I-2066 language.”

On February 14, 2025, a Thurston County judge dismissed the BIAW’s lawsuit, ruling that the SBCC is not obligated to expedite the code revision process through emergency rulemaking. The court acknowledged the council’s authority to follow its established procedures, despite the new law’s requirements.

Ongoing Legal Challenges

The legal landscape surrounding I-2066 is further complicated by additional lawsuits. A coalition of local governments and environmental groups, including the City of Seattle and King County, filed a lawsuit in December 2024 seeking to overturn the initiative. They argue that I-2066 is unconstitutional, claiming it violates the state’s single-subject rule for initiatives and undermines local efforts to combat climate change.

As these legal proceedings continue, the future of natural gas usage in Washington’s new constructions remains uncertain. The outcomes of these cases will significantly impact builders, homeowners, and policymakers, potentially setting precedents for how voter-approved initiatives are implemented and challenged in the state.