In a continued effort to uphold voter-approved natural gas access, the Building Industry Association of Washington (BIAW) has refiled a lawsuit against the Washington State Building Code Council (SBCC).

The legal action, submitted on February 21, 2025, in Thurston County Superior Court, seeks to compel the SBCC to promptly amend state energy codes in alignment with Initiative 2066 (I-2066). This initiative, passed by voters in November 2024, safeguards the availability of natural gas services for residents and businesses.

Background on Initiative 2066

Initiative 2066 was introduced to ensure that state and local governments do not discourage or prohibit the use of natural gas. The measure emphasizes consumer choice in energy sources, allowing individuals and businesses to decide whether to utilize natural gas for heating, cooking, and other needs. Following its approval, state agencies, including the SBCC, are required to adjust existing codes and regulations to comply with the new law.

BIAW’s Legal Actions

The initial lawsuit filed by BIAW was dismissed on procedural grounds. Undeterred, the association refiled under the Administrative Procedure Act, asserting that the SBCC has neglected its duty to revise energy codes as mandated by I-2066. BIAW contends that the current codes, which discourage natural gas usage in new constructions, contradict the initiative and the will of the voters.

“It is irresponsible and a dereliction of duty for the council not to be taking immediate action to bring the energy codes into compliance with the law,” stated Greg Lane, BIAW’s Executive Vice President. “We shouldn’t have to be going to court to force the council to follow the law.”

SBCC’s Position

On the same day the lawsuit was refiled, the SBCC released a draft statement acknowledging the confusion surrounding the energy codes post-I-2066. The council indicated it is investigating necessary changes to align the codes with the initiative but has not committed to an immediate timeline. Until modifications are adopted, the 2021 codes remain in effect.

Constitutional Challenge to I-2066

While BIAW seeks enforcement of I-2066, a coalition of environmental and climate groups has filed a lawsuit challenging the initiative’s constitutionality. The plaintiffs argue that I-2066 violates the state constitution’s single-subject rule by encompassing multiple unrelated provisions. This case is scheduled for a hearing in King County Superior Court on March 21, 2025.

Implications for Builders and Homeowners

The ongoing legal disputes create uncertainty for builders and homeowners regarding energy sources in new constructions. BIAW emphasizes that the current energy codes, which disincentivize natural gas, increase construction costs and limit consumer choice. The association advocates for immediate code revisions to provide clarity and uphold the preferences expressed by voters through I-2066.

Looking Ahead

As the legal proceedings unfold, the future of natural gas usage in Washington’s residential and commercial sectors hangs in the balance. The outcomes of these lawsuits will significantly impact energy policies, construction practices, and consumer options in the state. Stakeholders from various sectors are closely monitoring developments, recognizing the potential for precedent-setting decisions that could influence energy regulations beyond Washington.