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I-2066 Status Memo
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2025-01-13 2:30 PM - CDS Study Session
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I-2066 Status Memo
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1/10/2025 2:39:14 PM
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Meeting
Date
1/13/2025
Meeting title
CDS Study Session
Location
BoCC Auditorium
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205 West 5th Room 109 - Ellensburg
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Regular
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Update on 1-2066 01/10/2025 <br />Initiative 2066 was passed byvoters in November and was signed into law on December 5, <br />2024. The main topic of the 26-page initiative was to stop/ prevent discrimination against <br />gas utilities and appliances in commercial and residential construction. 1-2066 deletes the <br />section from RCW 19.27A.020 which calls for zero fossil fuel greenhouse gasses by 2031 <br />and further does not allow the State Energy Code to "prohibit, penalize, or discourage the <br />use of gas for any form of heating, or for uses related to appliance or equipment in any <br />building." <br />The Washington State Building Code Council (SBCC) took an official action regarding the <br />passage of 1-2066 on November 22, 2024. Per the SBCC statement, any rule changes will go <br />through the standard process and emergency rulemaking does not apply at this time. The <br />SBCC is currently reviewing the building, fire and energy codes for the 2024 code cycle <br />which is scheduled to take effect on July 1, 2026. <br />The course of action advised bythe SBCC, is to continue to follow the SBCC's process. Per <br />RCW 19.27.050 we are required to enforce the Building Codes as adopted by the State. Per <br />the advice of our Kittitas County legal counsel, the current 2021 building codes haven't <br />changed, and we will continue to enforce the building codes until the courts determine the <br />exact effects of 1-2066 and/ or the State Building Codes change. The next SBCC meeting is <br />scheduled for January 24, 2025 but an agenda is not yet available. <br />The BIAW has filed a lawsuit in Thurston County against the SBCC and a group lawsuit <br />challenging the legality of 1-2066 has been filed by Pacifica Law Group in King County on <br />behalf of Seattle, King County and other plaintiffs. <br />I have been monitoring the group email chat for the Washington Association of Building <br />Officials (WABO). The vast majority of members are continuing to enforce the current <br />Building Codes including Cle Elum and Ellensburg in Kittitas County. <br />Additional recommended action from WABO member and ICC President David Spencer: <br />Currently we believe that jurisdictions should continue to enforce the code as required by <br />RCW. RCW 19.27.050 which requires cities and counties to enforce the codes adopted by the State. <br />So, jurisdictions should therefore continue to enforce the current adopted codes until the SBCC <br />and State completes the rulemaking process. If jurisdictions are somehow concerned about <br />Sections 9 & 10 of the initiative, we currently believe those only apply if a jurisdiction somehowgoes <br />beyond what the SBCC has currently adopted, thus if not going beyond that then the jurisdiction is <br />enforcing the currently WA State adopted code per State law and not amending adopted rules. <br />Statement from the SBCC: <br />
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