The Washington Supreme Court is determining if a voter-approved initiative to keep natural gas as an energy choice will remain in effect for the state.
The Supreme Court met on Jan. 22 to review a lawsuit after a lower court judge found last March that Initiative 2066, which passed by 51.7% in the November 2024 election, violated a technical requirement of ballot initiatives and is therefore unconstitutional.
The initiative was created in response to changes in the state’s building codes that would provide incentives to move away from natural gas for heating, including regulating energy services like natural gas or electrification.
I-2066 contained 13 provisions. Among them, they prohibit the state building code council from discouraging or penalizing the use of natural gas in any building, as well as state and local governments from restricting access to natural gas.
It’s among several efforts by state and local governments toward electrification and decarbonization. While these policies work toward a more sustainable future, they also limit permitted fuel types and what types of equipment HVAC contractors can install.
Critics of I-2066 claim the initiative is unconstitutional because it violates the single-subject rule, which limits legislation to one subject and requires that the subject be reflected in the title.
During the Jan. 22 hearing, Paul Lawrence, counsel for Climate Solutions, said the issue of wanting to preserve natural gas access is separate from amending the Clean Air Act to achieve that. He referred to it as “logrolling,” which is when an unpopular policy is attached to a more popular policy that passes.
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“By simply focusing on natural gas and having a voter who might want to protect their ability to have a gas stove in their home vote yes without understanding that this has significant impacts on the policies of the state in trying to limit greenhouse gas emissions, trying to look at and promote energy-efficient appliances — that just doesn’t work,” he said.
Proponents, such as the Building Industry Association of Washington, defend the constitutionality of I-2066, saying it preserves customer choice and energy reliability.
“I-2066 was carefully drafted to preserve energy choice for homeowners and businesses,” said BIAW Executive Vice President Greg Lane in a written statement. “It clearly complies with the state constitution’s single-subject rule.
“Any ruling otherwise would have enormous consequences not just for the citizens’ right to initiatives, but also for many past and future laws approved by the State Legislature.”
The Implications
The decision surrounding the I-2066 initiative may set the precedent for other states to follow. If not upheld, it could limit manufacturers and distributors from providing gas systems that residents still require due to their specific circumstances. HARDI asked the court in late 2025 to uphold I-2066 to preserve customer choice.
Contractors can play a role in shaping these policies as well, regardless of what side they’re on.
“Contractors can get involved directly,” said Chris Czarnecki, ACCA director of government relations & advocacy. “That means telling their state and local officials how these mandates affect their businesses and their customers. They need to let their leaders know the real-world implications these policies have on their constituents.”
The Supreme Court has discretion on when its ruling will be issued.
