HomeMy WebLinkAbout120224 - Correspondence from BIAW re: Initiative 2066 e%* Building300Deschutes IndustryWay AssociationSWSte. of300 Washington
Tumwater,WA 98501
(360)352-7800 I BIAW.com
RECEIVED
November 26, 2024
DEC 0 2 2024
Jefferson County Commissioners JEFFERSON COUNTY
P.O. Box 1220 COMMISSIONERS
Port Townsend,WA 98368
Re: Code Officials Must Comply with Initiative 2066
Dear Commissioners:
I am the Vice President, General Counsel of the Building Industry Association of Washington
(`BIAW"), representing nearly 8,000 businesses in the Washington home building industry. You
are likely aware that on November 5, 2024, Washington voters approved Initiative 2066, which
protects natural gas as an energy source.
The Washington State Constitution provides that an initiative enacted by the people of Washington
take effect thirty days following the election, which means Initiative 2066 will be effective
December 5, 2024.
Any measure initiated by the people or referred to the people as herein provided
shall take effect and become the law if it is approved by a majority of the votes cast
thereon: Provided, that the vote cast upon such question or measure shall equal
one-third of the total votes cast at such election and not otherwise. Such measure
shall be in operation on and after the thirtieth day after the election at which it is
approved. See WA Const. Art. II§ 1 d.
Therefore, on December 5, 2024, the current 2021 Washington State Energy Code ("WSEC"),
which penalizes and discourages natural gas primarily via Section R406, will be unenforceable.
Per Section R103.1, code officials are authorized to waive the requirements for construction
documents or other supporting data if the code official determines they are not necessary to
confirm compliance with the code.Any code sections that penalize,discourage,or disincentivize
natural gas are preempted by Initiative 2066, specifically the amendments made to RCW
19.27A.020.Therefore, any construction documents or supporting data required by the preempted
code sections are no longer required. Building code officials should use their discretion to waive
these requirements.
Further, per Section R103.3, code officials shall examine the accompanying construction
documents and shall ascertain whether the construction indicated and described follows the
requirements of the code and other pertinent laws or ordinances.Therefore, code officials must
assess applications with respect to both the current code and Initiative 2066.
Code officials have no authority to go against the will of the voters by ignoring that certain sections
of the WSEC are preempted by Initiative 2066. BIAW members expect code officials to follow the
law as it becomes effective on December 5, 2024.
Sincerely,
Ashli Penner
Vice President, General Counsel
The Building Industry Association of Washington (BIAW)
300 Deschutes Way SW, Suite 300
Tumwater, WA 98501
360.352.7800 ext. 118
ashlip(abiaw.com