Extreme environmentalists on the State Building Code Council (SBCC) appointed by former Democrat Governor Inslee have been trying to ban natural gas in new residential and commercial construction for several years. These extreme environmentalists do not care about the massive added upfront costs to residential and commercial developers when forcing electric heat pumps over natural gas. These massive added upfront costs could delay or completely halt some residential and commercial construction projects. AGC’s representative on the SBCC opposed the natural gas ban at every opportunity and instead promoted choice in energy sources. In response to these extreme proposals, AGC joined a large coalition that promoted energy choice in new construction. Our coalition won two six-month delays in the natural gas ban fight at the SBCC. One delay came because of a potential conflict with federal law and the other delay came because of a concern that local building officials would not be ready to enforce a new energy code that included a natural gas ban. Ultimately, the extreme environmentalists on the SBCC passed a natural gas ban.
From there, AGC joined a large coalition that would gather signatures for an initiative that would reverse the natural gas ban on new residential and commercial construction. AGC members did an excellent job gathering signatures and ultimately Initiative 2066 was passed by the voters. Not liking this outcome, extreme environmentalists challenged the will of the voters at the Superior Court level and were successful. Additionally, extreme environmentalists were successful at the State Supreme Court (with a 6-3 vote of the Justices) saying that 2066 violated the state’s “single subject” rule for initiatives. Twice judges overturned the will of the voters.
All is not lost. In New York there is a challenge to restrictions on natural gas and that legal battle may ultimately make it to the United State Supreme Court. In addition, because the State Supreme Court created a new standard with regards to “single subject” laws and initiatives when they overturned 2066, there could be implications both legislatively and with regards to future initiatives.
If you would like to read the majority and minority opinions of the 6-3 vote at the State Supreme Court, please click here. 1042400.pdf