OLYMPIA, WA – The fate of a voter-approved measure to slow Washington’s shift from natural gas toward technology like electric heat pumps will be decided by the state Supreme Court.
Chief Justice Debra Stephens signed an order Wednesday to have Washington’s high court directly review a lower court ruling invalidating Initiative 2066 that passed last November.
The initiative targets changes to the state energy code that offer builders incentives in the permitting process for choosing electric heat pumps – which provide both heating and cooling in the same unit – instead of natural gas furnaces.
And it seeks to repeal provisions in a year-old state law intended to accelerate Puget Sound Energy’s transition away from natural gas. It prevents approval of utility rate plans that end or restrict access to natural gas, or make it too costly.
In March, King County Superior Court Judge Sandra Widlan struck down the measure. She ruled that it is unconstitutional because it runs afoul of a provision limiting citizen initiatives to no more than one subject and requiring them to contain the full text of the portion of state laws they would alter.
Widlan said the purpose of the single subject requirement is to prevent “logrolling”’ or pushing through “undesirable legislation by attaching it to desirable legislation.”
Initiative sponsors maintain it complies with all constitutional constraints and sought direct review by the state Supreme Court.
“Every single section of 2066 addresses protecting the choice to access and use natural gas,” said Greg Lane, executive vice president of the Building Industry Association of Washington, in a statement. “The initiative was clear and voters clearly understood they were voting for energy choice.”
Attorney General Nick Brown disagrees with the policy but believes voters passed an initiative that is constitutional.
“My job as Attorney General is to enforce and defend the laws of Washington and I will continue to vigorously do so in this case,” he said in May after petitioning the state high court to take the case.
Nearly 52% of voters backed the measure in November.
Weeks later a coalition of groups and elected leaders filed a lawsuit challenging its legality. Foes of the measure didn’t oppose the state high court taking the case.
A spokesman for one of the litigants said they are confident the justices will rule against the initiative.
“We are committed to ensuring that initiative 2066 is overturned, and that Washington remains a leader in the transition to clean and affordable electricity,” Dylan Plummer, campaign advisor for the Sierra Club’s Building Electrification Campaign, said in an email.
This story first appeared on Washington State Standard.