Washington natural gas initiative backer files suit to force state to comply

(The Center Square) – The Building Industry Association of Washington on Friday filed a lawsuit in Thurston County Superior Court to declare that the Washington State Building Code Council must comply with Initiative 2066, protecting access to natural gas for homes and businesses in the state.

Voters narrowly passed I-2066, sponsored by BIAW, in last month’s general election. The initiative went into effect Thursday.

“Millions of voters have spoken and Initiative 2066 is now law,” BIAW Executive Vice President Greg Lane said in a news release. “Above all else, the members of the State Building Code Council have a duty and obligation to follow state law.”

“The building industry has repeatedly and respectfully requested the State Building Code Council adjust the codes to comply with the new law,” Lane said. “We even offered multiple pathways to do so. The Council has refused to take action. We are left with no other option but to ask a court to tell the Council that they are not above the law.”

Earlier this month, BIAW wrote a letter to the council, asking it to take emergency action to comply with the new law. The council declined to do so.

The lawsuit requests that the court issue a binding judgment stating that I-2066 amended the portions of the Revised Code of Washington controlling the SBCC, that the SBCC is subject to the new law, and that emergency rulemaking is appropriate.

I-2066 opponents are also expected to sue soon, claiming that the measure violates the single-subject requirement in the state constitution.

Backers of I-2066 say they carefully crafted the measure to withstand expected legal challenges and that the measure is all about a single subject: protecting consumer energy choice.

I-2066 is a response to House Bill 1589, passed during this year’s legislative session, to accelerate Puget Sound Energy’s transition away from natural gas.

More specifically, I-2066 requires utilities to provide natural gas service to any person or business requesting it and bans the Washington Utility and Trade Commission from approving multi-year rate plans that require or incentivize ending natural gas service.

I-2066 proponents say the state’s transition away from natural gas has ramped up too quickly. They claim that if the measure is defeated in the courtroom, homeowners and businesses with newer energy hookups will face huge expenses.

With more than 3.7 million votes tallied from the Nov. 5 election, 51.71% approved I-2066, while 48.29% cast their ballots to reject the initiative.

Carleen Johnson contributed to this story.