Washington voters approved Initiative 2066, a measure that explicitly protects access to natural gas in Washington, and also weakens building codes that make it more difficult and costly to add natural gas heating in new construction.
The initiative marks a moment when the state, long known for its progressive climate policies, has taken a step in the other direction. It throws a wrench in the state's long-term plans to ease reliance on climate-warming fossil fuels, and Washington now joins dozens of other states that have passed similar laws prohibiting local bans on natural gas.
As of Friday, about 51.4% of ballots favored Initiative 2066, a lead of about 90,000 votes. The Seattle Times called the contest. But this might not be the end of the fight, as opponents are preparing a legal challenge they intend to file after the election is certified.
The ballot measure was broadly popular in the state, but much less so in King County. About 59% of King County voters opposed it.
Initiative 2066 was the only initiative approved by Washington voters this year. They rejected an initiative to eliminate the state's capital gains tax and initiatives to gut Washington's long-term care program and the state's carbon trading program.
Initiative 2066 adds provisions to state law that explicitly protect access to natural gas and ensure that local governments and the state's energy code cannot "prohibit, penalize or discourage the use of gas."
Under the state's current code, buildings must meet a certain energy performance and those built with electric heat pumps are scored higher than gas appliances. The initiative likely changes that system, though the state's building code council will have to go through a rule-making process.
It also targets legislation intended to help Puget Sound Energy, the state's largest utility, plan its transition away from natural gas. The initiative takes away requirements for Puget Sound Energy to study electrification efforts and prevents the state utility commission from approving a plan from the utility that incentivizes terminating natural gas service or requires customers to "involuntarily switch fuel."
Heating buildings made up about one-fourth of the state's emissions in 2019, and Puget Sound Energy is one of the state's largest polluters. The initiative qualified for the ballot in July after a rapid petition effort that garnered more than 500,000 signatures in two months.
Sponsors of the initiative, the Building Industry Association of Washington and the political action committee Let's Go Washington, celebrated its passage.
Greg Lane, BIAW executive vice president, said the initiative "sent a thunderous message to policymakers at every level of government that natural gas service must be maintained as we address the energy demands in Washington state."
The "No on Initiative 2066" campaign released its own statement saying the measure would jeopardize energy efficiency efforts, raise energy bills and prevent Puget Sound Energy from "thoughtful planning for transitioning to clean energy."
Washington does not currently have a natural gas ban and the no campaign has repeatedly called the initiative misleading and fearmongering.
"I'm very proud of what our campaign did," said Leah Missik, a senior policy manager for the nonprofit Climate Solutions. "We were up against the fossil fuel industry and national industry associations that were lying to the public about what this initiative does, and it was incredibly close."
Outgoing Gov. Jay Inslee, who shepherded landmark climate policies during his term, said while it was "important to preserve" and respect the initiative process, Initiative 2066 may not pass legal muster.
"I think there is a very good chance that a court will find that it was defective by violating the single subject rule and therefore will not actually go into effect," he said Wednesday.
The Washington Constitution states that bills should not include more than one subject and in the past, Washington initiatives have been struck down by courts after passage.
Missik said she believes the initiative is unconstitutionally broad and affects several areas of law including the state's energy code, planning requirements for Puget Sound Energy and heat pump incentives.
Opponents of the initiative had already been planning legal action before the election, she said, and intend to file a challenge in superior court after the measure is certified.
In a statement, Lane said the initiative was "carefully crafted" with legal challenges in mind and every part of the initiative comes down to protecting energy choice.
The natural gas initiative was also supported by the Washington Hospitality Association. The BIAW's political action committee, Main Street Matters to Washington, received donations from gas and propane providers, builder associations and Koch Industries.
Opponents of the initiative also include Sierra Club, Statewide Poverty Action Network, environmental justice group Front and Centered, and renewable energy groups.
Seattle Times staff reporter Claire Withycombe contributed to this article.
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