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BIAW urges WA State Building Code Council to take swift action on I-2066 compliance

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(The Center Square) – With just over two weeks until Initiative 2066 takes effect in Washington state, the Building Industry Association of Washington is urging the Washington State Building Code Council to take immediate action to bring the state’s energy codes into compliance.

I-2066, which aims to expand natural gas in the state, was approved by voters during the general election a little over two weeks ago and is set to become law on Dec. 5.

“I-2066 invalidates parts of the 2021 Washington State Energy Code (WSEC) that discourage and penalize the use of natural gas in home heating and water systems,” a BIAW news release said.

A Nov. 13 letter to the SBCC from BIAW outlined two solutions for SBCC.

“Revert to the 2015 WSEC, the last legal code iteration where natural gas heating was not penalized or discouraged – or adopt the 2024 International Energy Conservation Code (IECC) via emergency rulemaking, ensuring compliance through amendments that provide a legal performance pathway for natural gas systems,” the letter read.

BIAW Executive Vice President Greg Lane was adamant.

“Penalizing natural gas use has driven up housing costs and placed unnecessary burdens on builders and homeowners,” he explained. “The people of Washington have spoken, and we expect the Council to act swiftly to ensure energy codes reflect the will of voters and the law.”

BIAW Managing Director of External Affairs Jan Himebaugh told The Center Square SBCC needs to act fast.

“It goes into effect on December 5th, so they don’t have years to sort of figure it out; they have days to figure it out, and there are a number of ways they can fix the code to be in compliance with 2066,” she said.

BIAW has for years opposed the 2021 changes that disincentivized natural gas use.

“We’ll build more expensive houses, but it’s not good for normal people who can’t afford houses as it is, so this is good for utility rates, this is good for being able to keep the appliances you have in your current home and it still allows people who want to electrify to do so,” Himebaugh said.

Jennifer Reynolds, communications manager at the Washington State Department of Enterprise Services, which SBCC falls under, sent an email to The Center Square the day after the Nov. 5 election, suggesting SBCC will not have to repeal the 2021 energy code because of I-2066, at least not anytime soon.

“State Building Code Council must use the rulemaking process to update state building codes,” Reynolds said in an email. “This is done every three years to align with national model codes and ensure current legislative energy policy guidance (WA State Energy Code) is up to date. State codes are modeled after national codes developed by the International Code Council and International Association of Plumbing and Mechanical Officials, which are updated every [three] years.”

She concluded, “We anticipate opening the submission window for the commercial energy code later this fall. The submission period for [the] remainder of the codes will be in the spring of 2025. Final adoption is scheduled for November 2025 with an effective date of Nov. 1, 2026.

Himebaugh disagreed.

“Saying they don’t have to do anything undermines democracy and the will of the people. This initiative is very clear,” she said. “I don’t know how they comply with the law and not change those portions of the 2021 energy code.”

The letter from BIAW concludes by noting, “On December 5, 2024, BIAW members expect an energy code that will allow them to build with natural gas without it being penalized or discouraged. If the Council fails to act, BIAW will immediately pursue Washington State Energy Code (WSEC) compliance with Initiative 2066 to the fullest extent of the law.”

The Center Square contacted the Washington State Department of Enterprise Services to inquire further about modifications to building codes under I-2066 but did not receive a response by the time of publication.

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