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HomeMy WebLinkAboutI-2066 Status MemoUpdate on 1-2066 01/10/2025 Initiative 2066 was passed byvoters in November and was signed into law on December 5, 2024. The main topic of the 26-page initiative was to stop/ prevent discrimination against gas utilities and appliances in commercial and residential construction. 1-2066 deletes the section from RCW 19.27A.020 which calls for zero fossil fuel greenhouse gasses by 2031 and further does not allow the State Energy Code to "prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to appliance or equipment in any building." The Washington State Building Code Council (SBCC) took an official action regarding the passage of 1-2066 on November 22, 2024. Per the SBCC statement, any rule changes will go through the standard process and emergency rulemaking does not apply at this time. The SBCC is currently reviewing the building, fire and energy codes for the 2024 code cycle which is scheduled to take effect on July 1, 2026. The course of action advised bythe SBCC, is to continue to follow the SBCC's process. Per RCW 19.27.050 we are required to enforce the Building Codes as adopted by the State. Per the advice of our Kittitas County legal counsel, the current 2021 building codes haven't changed, and we will continue to enforce the building codes until the courts determine the exact effects of 1-2066 and/ or the State Building Codes change. The next SBCC meeting is scheduled for January 24, 2025 but an agenda is not yet available. The BIAW has filed a lawsuit in Thurston County against the SBCC and a group lawsuit challenging the legality of 1-2066 has been filed by Pacifica Law Group in King County on behalf of Seattle, King County and other plaintiffs. I have been monitoring the group email chat for the Washington Association of Building Officials (WABO). The vast majority of members are continuing to enforce the current Building Codes including Cle Elum and Ellensburg in Kittitas County. Additional recommended action from WABO member and ICC President David Spencer: Currently we believe that jurisdictions should continue to enforce the code as required by RCW. RCW 19.27.050 which requires cities and counties to enforce the codes adopted by the State. So, jurisdictions should therefore continue to enforce the current adopted codes until the SBCC and State completes the rulemaking process. If jurisdictions are somehow concerned about Sections 9 & 10 of the initiative, we currently believe those only apply if a jurisdiction somehowgoes beyond what the SBCC has currently adopted, thus if not going beyond that then the jurisdiction is enforcing the currently WA State adopted code per State law and not amending adopted rules. Statement from the SBCC: Wings ReVieW Vew Developer Help BLUEBEAM Acrobai Motion - SBCC is endeavoring to comply with 12066, the existing state statute, and federal SPCA law. - SBCC has existing responsibilities that were not changed by 2066 to continue to update the 2024 Energy Code with limited staff, TAG and Council resources and time to meet them. - In that context, we intend to make a good faith effort, through our established process, to achieve the complex and entangled goals with which we have been asked to comply, while minimizing uncertainty in regulation and disruption for the construction industry. - To that end, we direct the Energy Code TAG to continue to advance the 2024 Energy codes and bring forward off cycle recommendations to update the 2021 Energy Codes if needed(Res and commercial), so as to: o Comply with federal EPCA standards. a Meetthe existing statutory requirements, including but not limited Vo, incrementally increase energy efficiency with each update towards a 70% improvement in energy efficiency. o Recommend rules that may be required to meet the 2066 provision that gas not be penalized, prohibited or discouraged relative to other energy sources. o Does not provide any artificial advantage in meeting energy efficiency standards to gas energy sources or appliances. - And directs SBCC staff to proactively communicate this process, including keeping existing 2021 energy code in effect until by this process or directed otherwise by a court; as well as any incremental steps in pending adjudication to local governments required to implement the standards. Potential statement from the County regarding 1-2066: Kittitas County is evaluating the potential impacts of 1-2066 to the building codes as adopted by the State of WA per RCW 19.27. Currently we will continue to enforce all currently adopted WA State codes as required by RCW 19.27.050 until direction is provided by the State Building Code Council and/ or the courts.