The state Building Code Council set out on a path Nov. 22 to ensure energy rules for new construction comply with provisions in the natural gas initiative Washington voters approved during the November general election.

But the council’s first step will not be to erase any current building codes when Initiative 2066 takes effect this month, setting the stage for a possible legal fight with sponsors of the measure.

At a special meeting Nov. 22, the council voted to have its technical experts review revisions made to the residential and commercial building codes earlier in the year that are targeted by the initiative and recommend any changes needed.

Council members said they want to be deliberative and are cognizant that potential court challenges to the measure’s scope and legality could further alter the regulatory landscape. They view their approach as a “good faith effort” to comply without disrupting or creating uncertainty in regulation for the construction industry.

The Building Industry Association of Washington, which led the effort to qualify and pass Initiative 2066, disagreed with the decision. It contends the new rules put in place months ago will be unenforceable upon certification of the election results on Dec. 5. Those rules offer builders permitting incentives for choosing electric heat pumps – which provide both heating and cooling in the same unit – instead of natural gas furnaces.

Greg Lane, the association executive vice president, vowed action “to ensure the will of the people is carried out” and that the state energy code and its enforcement comply with the law when the measure takes effect.

He said the council decision “makes it clear this un-elected body believes they are independent of any accountability and don’t have to follow state law.”

Initiative 2066 takes aim at the state’s combination of regulations and laws to move swiftly away from natural gas toward technology like electric heat pumps. It passed with 51.7% of the statewide vote.

It would undo changes to the energy code approved by the state Building Code Council that went into effect in March. 

It also would repeal provisions in a state law, House Bill 1589, intended to accelerate Puget Sound Energy’s transition away from natural gas. The measure, which is 21 pages long, requires utilities and local governments to provide natural gas to eligible customers. And it prevents approval of utility rate plans that end or restrict access to natural gas, or make it too costly.

Opponents say Initiative 2066 will be invalidated by the courts because it violates a provision in the state constitution that limits the content of citizen initiatives to a single subject. They argue it deals with at least two different subjects – the law concerning future planning by Puget Sound Energy and the array of changes to the state energy code. They are expected to sue shortly after the measure is certified.

Lane and BIAW attorneys have strenuously disagreed and said it was carefully crafted with such a challenge in mind.

“All of it puts us in an uncertain and untenable position,” said Rep. Alex Ramel, D-Bellingham, an ex-officio member of the council who crafted the motion that passed unanimously on Nov. 22.

Council members decided to push ahead. Its technical advisory group will continue to work on updates to the 2024 energy codes, which may be unaffected by the initiative, while studying whether changes are needed in portions of the 2021 energy codes flagged in the ballot measure.

“We’re taking this seriously. We’ve got technical experts working on it,” Ramel said. “We’re trying to figure it out.”

This story is republished from the Washington State Standard, a nonprofit, nonpartisan news outlet that provides original reporting, analysis and commentary on Washington state government and politics.