On Friday, March 21 King County Superior Court Judge Sandra Widlan delivered a big win for families, climate, and affordability when she struck down Initiative 2066 as unconstitutional. 

This ruling will protect Washington families and consumers’ ability to choose efficient appliances and clean sources of energy and access millions of dollars in funding to do so. So what does this mean now? 

We’ve put together a quick summary of a few ways that our work on clean buildings and increasing access to efficient home appliances can now continue.

State and Local Building Codes can renew their focus on efficiency

Washington’s energy codes made headlines for their strength and focus on energy efficiency. The codes prefer extremely efficient technology, like electric heat pumps, over other forms of heating like electric resistance and gas furnaces. However, opponents to electrification and efficiency (like gas utilities and the building industry association) filed lawsuits to block, delay, and obstruct the codes. I-2066 threw Washington’s energy code into uncertainty, with some counties refusing to enforce state codes and instead applying less efficient standards. 

Now that I-2066 has been repealed, the State Building Code Council must once again pass codes that eliminate greenhouse gas emissions from new buildings by 2031, along with improving energy efficiency overall. Highly-efficient buildings will reduce energy use and incentivize heat pumps, which provide cooling alongside heating, reducing costs for both builders and residents and offering relief during heat waves and smoke events. Any counties going rogue will now have to comply with state standards too. 

Washington’s utilities can plan for a clean future 

Prior to I-2066’s passage, Washington’s climate laws were transitioning utilities to clean energy and requiring that they prioritize resources and programs to protect customers. I-2066 repealed parts of a law designed to require Puget Sound Energy plan for the clean energy transition and to increase access to customer resources for electrification, energy efficient appliances, and more. I-2066 repealed programs such as voluntary electric upgrades for low-income customers, electrification readiness, and more.

With I-2066 no longer in effect, PSE can plan for both its gas and electric business together - which is crucial as more customers choose to switch from gas to electric. PSE can also protect customers‘ energy bills by keeping rates under control on both sides of the system. PSE can now resume providing electrification programs first to families on low-incomes and next to all ratepayers . With 2066 repealed, customers have more access to energy efficient upgrades and can rest assured that utilities are taking actions to keep energy costs low.

Local clean buildings policies and rebate programs can keep taking steps on cleaner air

I-2066 mandated that local jurisdictions like cities, counties, and towns could not act to reduce air pollution by prohibiting, penalizing, or discouraging the use of gas. As such, county and city administrators of Washington’s popular heat pump program–which has provided $80 million in assistance to families over the past couple of years–faced a lot of uncertainty as to whether their programs would be allowed to continue. Similarly, Seattle’s leading Building Emissions Performance Standards policy, which requires existing buildings over 20,000 square feet to reach net zero between 2045 and 2050, faced uncertainty. I-2066 also prohibited regional clean air agencies, like Puget Sound Clean Air Agency, from regulating air pollutants like nitrogen oxides (NOx) that are emitted when natural gas is combusted. Exposure to NOx can harm respiratory health and lead to chronic conditions like asthma and lung disease, particularly for vulnerable populations like senior citizens and children.

Though we anticipate an appeal, we expect the State Supreme Court to uphold the Superior Court ruling. With I-2066 kaputt, local governments and agencies can keep doing the good work of ensuring the air we breathe stays as clean as possible, while also reducing costs and providing cooling during hot summer months.