Update on the effort to protect access to natural gas for your home and business

Dann Mead Smith

Members of the Whatcom Business Alliance and readers of Business Pulse will recall that in November, voters passed Initiative 2066.  This statewide ballot measure, which was approved by nearly two million voters in last year’s General Election, requires that utilities continue to provide natural gas service to commercial and residential customers. I-2066 also repeals regulations passed by the Washington State Building Code Council that restrict the use of natural gas.

The State Supreme Court just announced it will accept direct review of a lawsuit challenging the constitutionality of Initiative 2066.  This means that it will go directly from the King County Superior Court where a judge earlier this year ruled that the initiative was unconstitutional to the State Supreme Court and not be heard by the Court of Appeals, which is the news that the Building Industry Association of Washington, the main sponsor of I-2066, as well as the State Attorney General’s office, was hoping for.

“After fighting countless political efforts to ban natural gas, BIAW crafted I-2066 with a clear and singular goal—preserving natural gas as an energy choice for current and future homeowners in Washington—once and for all,” said BIAW’s Executive Vice President Greg Lane. “In just seven weeks, we collected more than a half a million signatures to bring the issue to the ballot. Then nearly two million people voted yes on I-2066. That’s because maintaining natural gas choice gives homeowners options, reduces stress on our energy grid and helps lower the cost of utilities and housing for everyone.”

The Building Code Council has not implemented the changes required by I-2066 with the initiative tied up in the courts, so homeowners and businesses are stuck in the middle of this legal fight and cannot depend on the future of using natural gas.

In addition, eight trade associations in our state, including BIAW, sent a letter to the US Attorney General in late May asking the Justice Department to act on President Trump’s executive order from April removing impediments to domestic energy production by enforcing federal law and preventing states from enacting harmful gas bans (source The Center Square, June 3, 2025).

Some background on this issue from the Building Industry Association of Washington:

After spending years fighting multiple efforts to ban or restrict natural gas as an energy choice in Washington, BIAW filed the initiative in May 2024. Shortly after filing, opponents unsuccessfully challenged the initiative’s title that delayed the ability to gather signatures. Both sides ultimately agreed to the title that appeared before voters last November which is important to note as this case heads to the State Supreme Court.

Despite the legal delay, BIAW, Let’s Go Washington and natural gas proponents gathered more than a half a million signatures in just a few weeks. Opponents then filed an unsuccessful lawsuit challenging the certification process.

“Opponents have fought us every step of the way,” BIAW’s Greg Lane said. “We’re confident the Washington State Supreme Court will reject this latest challenge as the frivolous claim it is.”

Environmental groups, the City of Seattle, and King County challenged the constitutionality of the new initiative shortly after it passed in 2024. BIAW and the Washington Attorney General’s Office countered their arguments that I-2066 violates the single-subject requirements in the State Constitution.

King County Superior Court Judge Sandra Widlan heard the constitutional challenge to I-2066 in March of this year with former Governor Jay Inslee in the courtroom. Inslee, who appointed Widlan, made banning natural gas a top priority during his time as governor. Shortly after hearing arguments, Judge Widlan issued an oral ruling in favor of the Plaintiffs claiming that it violated Washington’s “single subject rule” for initiatives saying it was too broad and combined multiple subjects “that could confuse voters.” She then waited nearly two more months before filing the final order, which is unusual, delaying the ability to appeal and keeping the implementation in limbo for thousands of homeowners and businesses.

Now that the state’s highest court has accepted direct review of the I-2066 case, the case will be on the court’s calendar for a hearing later this fall or winter 2026. Stay tuned to WBA’s Advocacy page for further updates on this important issue to Whatcom County and homeowners and businesses across our state.