Washington natural gas ballot measure to face legal challenge
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Washington voters approved a ballot measure this month banning state and local governments from discouraging the use of natural gas. Now, opponents plan to sue to block the measure from taking effect.
The big picture: Initiative 2066 is the sole statewide initiative that passed in Washington this year, after three other ballot measures backed by conservatives failed.
- Supporters said the measure was needed to protect access to natural gas, while opponents said it would set back efforts to cut greenhouse gas emissions that cause climate change.
Catch up quick: I-2066, which is set to take effect Dec. 5, will require the state to amend its building codes next year, forcing officials to roll back new rules that promote the use of electric heat pumps over natural-gas-powered furnaces.
- It also repeals part of a state law passed this year that requires Puget Sound Energy, the state's largest provider of natural gas, to evaluate ways to achieve "cost-effective electrification."
- More broadly, the initiative says state and local governments "shall not in any way prohibit, penalize, or discourage the use of gas."
- That's where initiative opponents think the measure gets into legally questionable territory.
What they're saying: Leah Missik, Washington deputy policy director for climate solutions, told Axios she and other I-2066 opponents believe the ballot measure rolls several subjects into one initiative, violating part of the Washington state Constitution that limits legislation to a single subject.
- "You can't combine something that is a very specific, immediate action with something that is a much more general future requirement," Missik said.
Between the lines: City Council members in Redmond said the initiative's language may block them from giving out rebates to help people replace gas-burning furnaces with electric heat pumps.
- And in Seattle, officials think I-2066 could affect the city's ability to implement new energy-efficiency standards for buildings, Callie Craighead, a spokesperson for Mayor Bruce Harrell's office, told Axios.
The other side: By approving I-2066, voters "sent a thunderous message to policy makers at every level of government that natural gas service must be maintained," Greg Lane, executive vice president of the Building Industry Association of Washington, said in a written statement.
- Lane told the Washington State Standard that the initiative was crafted carefully to try to avoid any legal issues.
What's next: Missik said opponents of I-2066 expect to file their lawsuit against the initiative sometime in December, after the election results are certified by the Washington secretary of state's office.